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Article 6 - Coggle Diagram
Article 6
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Three implied rights - the ECtHRs has recognised that there are 3 implied rights in A6 - equality of arms; right against self incrimination; access to the courts
Equality of arms - that defendants must have a reasonable opportunity to present a case without disadvantage - Steel and Morris v UK
Right against self incrimination - Saunders v UK. This is seen as an aspect of the presumption of innocence but it is not absolute. The courts can draw inferences from silence provided there are safeguards such as guidance provided by the trial judge - Murray v UK. Brown v Stott - the requirement to tell the police who was driving a car did not breach A6 in drink driving cases as other evidence was needed for a conviction.
Access to the courts - Golder v UK - without access to legal advice, the prisoner was in effect being denied access to the courts. This is an implied aspect of the right to a fair trial.
A6(2)
In criminal cases, all defendants are presumed innocent. This is essential to a fair criminal trial.
The presumption of innocence is closelty linked to the the implied right against self-incrimination - Saunders v UK
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The right to a fair trail includes a range of matters - in criminal cases it included how evidence was obtained right through to appeals.
Evidence obtained in breach of A3 (the right not to be subjected to inhuman or degrading treatment or torture, will automatically breach article 6. (Othman v UK).
Denial of access to a lawyer - could breach article 6 - Salduz v Turkey; Cadder v HM Advocate (2010) (access required from first interview)
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The right to participate in the trial in a meaningful manner - Thompson and Venables v UK. Particular problem with UK Crown Court led to new Practice Direction in 2000.
Fair and public hearing - this is not an absolute right and the press and public can be excluded e.g. grounds of national security, interests of a young person, interests of justice etc. R v Incedal (R v AB and CD) - secret trial case. Restrictions on publicity in a terrorism case. In that case there was a jury trial but the public were excluded and press subject to limitations. The verdict was pronounced publically.
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Appeals - A6 does not provide a right of appeal but states any appeal process must comply with the fair requirements in Article 6. Protocol 7 of the ECHR however guaranteed the right to appeal in Criminal cases (the UK has not signed it)
Campbell and Fell v UK - the prisoners wanted access to a lawyer after being involved in a prison sit in. They were eventually permitted but the meetings were in the presence of prison officers.