Article 6

• Article 6


  Covers the right to a fair trial
• Article 6


  • It is a limited right
  • The right is available to both criminal and civil proceedings
• Article 6 (1)


  • Covers fair trials for both civil cases and criminal cases
  • Covers the right to a fair and public hearing
• Purpose of Article 6

  1. To protect individuals from secret trials and decisions

  2. Oral declaration of the outcome and allowing public to watch proceedings has been a long-established tradition
• Decision makers must listen to both sides before coming to a decision
• The judge should consider all the evidence heard in court
• The hearing should take place in an open and public forum
• Article 6(1) specifies situations where cases can be held in private
• Situations where cases can be held in private

  • National security case: R V Incedal and Rarmoul - Bouhadgar
  • Interests of public morals/public order
  • Interests of justice to have a private case
  • Protection of children : B and P V UK
• A child defendant must be treated equally and should not be subjected to intimidation, humiliation or distress
• In T and V v United Kingdom the courts held that the defendants were denied a fair hearing
• Despite the decision, child defendants are still tried in adult court when they have been charged with a serious offence
• Special measures that can be put in place for child defendants

  • No wigs or gowns
  • Judges sitting at a lower height
  • Children not being named
• Reasonable time for a case


  1. Depends on the complexity of the case

  2. Beggs v UK: Appeal took 10 years, held to be unreasonable

  3. Milano V Italy: Delay of 9 years and 7 months, no complexity= unreasonable

  4. Robins V UK: 4 year delay to solve a simple case, unreasonable

  5. Rinngeisen v Austria: 5 years, complex fraud case, not unreasonable
• Independent and impartial tribunal


  • Required by law for a fair trial
• S3 (1) Constitutional Reform Act 2005: Decision makers have to be impartial from political pressure and the parties themselves
• Article 39 of Magna Carta: Judgement by peers is a prerequisite for a fair trial
• Evidence of prejudice or bias in civil cases

  Damages will be awarded
• Evidence of prejudice or bias in criminal cases


  Conviction quashed or re-trial
• Pinochet case

  • Judge belonged to Amnesty International and failed to declare this, so the decision to extradite had to be set aside
• What is considered a fair trial is not defined in the Article
• There are various principles of a fair trial
• Access to court


  • Individuals must have real and effective access to a court
  • Available to all including serving prisoners
• Limitation periods


  Time limit after which a case can no longer be brought to court
• Limitation periods


  • 3 years: Personal injury cases
  • 6 years: Contract cases
• Individuals


  • May find their access to court limited due to their financial position
• Equality of arms

  Courts can impose restrictions on vexatious litigants
• Police used to have complete immunity


  This was challenged in Osman v United Kingdom case
• The Osman v United Kingdom case was successful in challenging the blanket immunity for the police
• Equality of arms


  There must be a fair balance between parties - both sides must have equal opportunities
• In Steel & Morris & United Kingdom, it was held that there has been a breach of Article 6 due to differing levels of legal Suppert
• In civil cases, 'McKenzie Friend' is allowed
• In criminal cases, D needs to be represented by a lawyer or self-present
• In criminal trials, prosecution must disclose all material evidence but doesn't have to disclose all available evidence
• S78 Police and Criminal evidence Act 1984


  The court has discretion to exclude evidence which it considers will have an adverse effect on the fairness of the proceedings
• Rules of evidence

  • Loosely: Evidence excluded as police officers incited the D to commit further crimes
• Gafgan v Germany


  Evidence obtained through ill-treatment is unfair, however, if that evidence has no effect on the outcomes of the case, there is no violation of Article 6
• Othman UK


  There can be a breach of Article 6 if an accused is deported to a country where there is a risk of torture
• SOS for Home department V AF

  Holding someone under a control order without sufficient information is a breach of Article 6
• Hearsay


  Cannot be used in criminal trials but may be used in civil trials