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ARTICLE 6 - Coggle Diagram
ARTICLE 6
INTRODUCTION
- Article 6 is the right to a fair trial.
- A limited right - States can interfere in limited circumstances.
- Any interference with this right must be necessary, in accordance with the law and must be a proportionate response.
- States are permitted a wide margin of appreciation.
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ARTICLE 6 (1)
Access To Court
The right to be able to bring a court case - Golder v UK This is necessary to prevent the state exercising power in an arbitrary fashion by preventing individuals from bringing legal action. However there are limitations on this... such as vexatious litigants and time limits for personal injury (3years) / contract (6years)
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Equality of Arms
Each party must have a reasonable opportunity to present their case without disadvantage. However... "equality of arms" doesn't extend to the parties having the same level of representation. Steel and Morris v UK
Attendance at Court
The general expectation is that an applicant should be present at a hearing (though this can be limited). If present, the applicant should be able to participate and should be able to understand the proceedings. However... the defendant can waive their right to attend. If so, the trial, the verdict and sentencing can continue in their absence.
Rules of Evidence
The prosecution should disclose all evidence, regardless of whether they plan on relying on it. Even if it weakens their case, or strengthens the defenses' case. However... Evidence which is unfairly obtained may be excluded from the trial - S.76 PACE 1984
Public Hearing
It is expected that the hearing should be open to the public. Members of the public should be able to attend each stage, and press should have free reporting on the case throughout. Press and public can be restricted in the interest of national security (Incedal), the interests of a young person, etc
Jury Trials
Though there is no right to a jury, it is expected that all defendants accused of triable either way and indictable offences will be offered a trial by jury. However, as a result of the Criminal Justice Act 2003 a trial can be judge only if their is a serious risk of jury tampering or where tampering has taken place - Twomey.
Within a reasonable time
The trial should be held within a reasonable time. This is particularly important in criminal cases and those involving children. Approximately 25% of victims withdraw from investigations and prosecution before trial. This rises to 42% for rape trials. However, there is no definitive ruling on what constitutes a reasonable time for a trial to be held. For triable either way and indictable offences the defendant can be remanded into custody for up to 6 and a half months.
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ARTICLE 6 (2)
Presumption of Innocence
Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law
Burden of Proof - Woolington v DPP, it is for the prosecution to prove the defendants guilt beyond reasonable doubt.