article 6

Created by

summer halton

Cards (28)

article 6 - right to a fair trial
magna carta - 1215 - cannot delay justice to anyone
bill of rights - 1689 - trial by jury
act of settlement - 1701 - judicial independance
woolmington v dpp - innocent until proven guilty
type of right - limited right
limited right - exceptions - state cannot justify interference unless it is allowed in right itself
civil and crim - covers both but criminal are given greater protection
6(1) - fair and public hearing - reasonable time - independant and impartial tribunal - press and public may be excluded in the interests of morals, national security, interest of juvenilles or private life
when are public or press excluded - young people, national security, morals
6(2) - innocent until proven guilty
6(3) minimum rights for a fair trial - criminal only
6(3)a - informed promptly in a language which he understands and in detial of the nature and cause of accusation against him
6(3)b - to have adequete time and facilities to prepare for the defence
6(3)c - to defend himself in person or through legal assistance - if insufficient means to pay for representation to be given it for free when the interests of justice require
6(3)d - to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf
6(3)e - to have free assistance of an interpreter if he cannot understand or speak the language used in court
r v exparte ugarte - judges must be impartial
r v twomy - you can try a case without a jury
steel v morris - fair balence of power between parties
t + v v UK - child defendants must be able to understand proceedings
golder v uk - denied access to court
murray v uk - can make adverse inferences from silence
brown v scott - right not to self incriminate is not absolute
gafgan v germany - evidence gained through torture is unfair
othman v uk - cannot gain evidence by torture
beggs v uk - reasonable is subjective
bentham v uk - legal aid is neccessary when liberty is at stake