CMY3701 Assignment 1 (ANSWERS) 2024 - DISTINCTION GUARANTEED

Introduction - Correct Answer Article 6 is right to fair trial Limited right - cannot be interfered with unless allowed under right itself (Art 6(1)) or state derogates Limited Right (A03) - Correct Answer Limited right - protected from state interference - protects rights of public in civil & criminal hearings Criminal hearings are more protected as liberty is at stake Civil hearings somewhat effectively protected as need to be heard 'within a reasonable time' & have access to court Limited Right (A03) - Steel and Morris v UK - Correct Answer However limits on legal funding & inequality of bargaining power was criticised by ECtHR in Steel and Morris v UK as no possibility of a fair trial when D was sued by McDonalds Article 6 (1) (A01) - Reasonable time - Correct Answer Article 6 (1) states that cases must be heard within a 'reasonable time' based on the complexity of the case Beggs v UK - 10 years to get an appeal wasn't reasonable