Article 6 ECHR AO1

What does Article 6 of the ECHR set out?

Everyone has the right to a fair trial

What does the Magna Carta (1215) set out?

Further rights under Article 6 (eg trial by jury)

Article 6 (1):

Everyone is entitled to a fair&public hearing, within a reasonable time.

Who must the trial be heard by?

Case?

An independent/impartial tribunal (judge).

Pinochet: Lord Hoffman was an Amnesty member and therefore not impartial to the case.

Justice must be…

Seen to be done. The judgment should be made public.

A threat to national security?

Trials can be held in secret (secret courts)

What must all parties be on?

Case?

Equal footing- there should be an ‘Equality of Arms’

Steel and Morris- McDonalds had more advantage

Evidence must be? Unless?

Disclosed.

Unless its an issue of national security.

Article 6(2):

A suspect is presumed innocent until proven guilty.

(Proven guilty by prosecution)