Article 6
Cases Article 6 – The right to a fair trial:
Limited right. It gives the absolute right to a fair hearing if a case
Byran v UK 1995– No falls under 6(1). The state cannot interfere with the right unless
violation of Article 6, the limitation is allowed by the right itself or the state derogates
applicant could apply for 6(1):
“In the determination of his civil rights and obligations or of any
judicial review of such a
criminal charge against him, everyone is entitled to a fair and
decision. public hearing within a reasonable time by an independent and
impartial tribunal established by law”
Pinochet 2000 – Judge Civil rights are private rights, usually in areas of civil law where
failed to declare his money is involved
membership of Amnesty If the state defines the offence as criminal, the ECtHR will also.
International. The ECtHR will decide if an offence is criminal according to their
definition by looking at nature of the offence and the severity of
Woolmington v DPP 1935 – the penalty
article 6(2) case Public: Protect Individuals from secret decisions that may breach
their rights and limit their ability to appeal.
Ibrahim v UK 2016 – Independent and Impartial Tribunals: If there is evidence of
relates to terrorist cases prejudice or bias in a civil case, damages will be awarded. In a
and D’s right to legal criminal case will result in a conviction being quashed or a re-
trial.
assistance Fair: A fair trial is only achieved when it includes several
principles – access to court, equality of arms, attendance at
Court and the Right to Participate, rules of evidence,
presumption of innocence, legal rep, a reasoned and final
judgment
6(2):
Everyone charged with a criminal offence shall be presumed
innocent until proven guilty according to law
6(3):
Minimum rights –
to be informed promptly, in a language which he understands
and in detail of the nature and cause of the accusation against
him
to have adequate time and facilities for the preparation of his
defence
to defend himself in person or through legal assistance of his
own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so
require
to examine or have examined witnesses against him and to
obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him
to have free assistance of an interpreter if he cannot understand
or speak the language used in court.
Restrictions:
In terrorist cases, the right of the defendant to legal assistance
may be waived by the police for a longer time than in standard
criminal investigations
Summary
Cases Article 6 – The right to a fair trial:
Limited right. It gives the absolute right to a fair hearing if a case
Byran v UK 1995– No falls under 6(1). The state cannot interfere with the right unless
violation of Article 6, the limitation is allowed by the right itself or the state derogates
applicant could apply for 6(1):
“In the determination of his civil rights and obligations or of any
judicial review of such a
criminal charge against him, everyone is entitled to a fair and
decision. public hearing within a reasonable time by an independent and
impartial tribunal established by law”
Pinochet 2000 – Judge Civil rights are private rights, usually in areas of civil law where
failed to declare his money is involved
membership of Amnesty If the state defines the offence as criminal, the ECtHR will also.
International. The ECtHR will decide if an offence is criminal according to their
definition by looking at nature of the offence and the severity of
Woolmington v DPP 1935 – the penalty
article 6(2) case Public: Protect Individuals from secret decisions that may breach
their rights and limit their ability to appeal.
Ibrahim v UK 2016 – Independent and Impartial Tribunals: If there is evidence of
relates to terrorist cases prejudice or bias in a civil case, damages will be awarded. In a
and D’s right to legal criminal case will result in a conviction being quashed or a re-
trial.
assistance Fair: A fair trial is only achieved when it includes several
principles – access to court, equality of arms, attendance at
Court and the Right to Participate, rules of evidence,
presumption of innocence, legal rep, a reasoned and final
judgment
6(2):
Everyone charged with a criminal offence shall be presumed
innocent until proven guilty according to law
6(3):
Minimum rights –
to be informed promptly, in a language which he understands
and in detail of the nature and cause of the accusation against
him
to have adequate time and facilities for the preparation of his
defence
to defend himself in person or through legal assistance of his
own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so
require
to examine or have examined witnesses against him and to
obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him
to have free assistance of an interpreter if he cannot understand
or speak the language used in court.
Restrictions:
In terrorist cases, the right of the defendant to legal assistance
may be waived by the police for a longer time than in standard
criminal investigations
Summary
