article 6 eval

• pro - protects both civil and criminal hearings but offer more protection for criminal
• pro - jury are able to partake in the justice system - showing that Magna Carta 1215 is still used and adhered to
• pro - child defendants charged with criminal offences are dealt with in the youth court - seen in the case of T and V vs UK
• pro - everyone is entitled for a fair and public hearing
• pro - everyone should be presumed innocent until proven guilty - WOOLMINGTON said this
• pro - 7 principles of a fair trial ensures that everyone receives a fair trial and not discriminated against
• pro - courts have to be independent and impartial to give fairness to everyone
• con - legal advice has been reduced meaning there is not that much aid for those who are in the civil division
• con - reasonable time is to be considered vague as it doesn't set out the time in which it is appropiate - BEGGS v UK - 10 years to long to reach an appeal
• con - the press or the public might be excused from a trial because of circumstances which goes against the Magna Carta 1215 but then respects the limitations of the article
• con - has to be a fair equity of arms otherwise then there could be a violation - STEEL & MORRIS vs UK(mcdonalds)
• con - limited right so can be taken away which goes against the article 6
• con - delays as is the most common article to have cases sent to the ECtHR
• con - there is a limited scope of application