Article 6 ECHR

what does Article 6 ECHR set out?

The right to a fair trial.

What year was the Magna Carta established? What does it set out?

1215

Sets out rights ie. Jury trial

Article 6 (1)

everyone is entitled to a fair and public hearing within a reasonable time.

Who must the trial be heard by?

an independent and impartial tribunal judge.

What happened in the case of Pinochet?

Lord Hoffmann was not impartial as he was an amnesty member.

Where are trials and judgements usually held?

in public so justice is seen to be done.

Where are trials heard when theres a threat to national security and the jury?

Trials are heard in secret without a jury.

When isnt evidence disclosed?

when its a matter of national security

What is meant by an equality of arms?

Parties are on equal footing (Steel and Morris)

Article 6 (2)

a suspect is presumed innocent until proven guilty. The prosecution must prove guilt.

Who is the burden of proof on?

the prosecution.

Article 6(3)

Sets out the minimum rights as:

a) to be informed promptly in a language he understands, the nature and cause of the accusation.

b) addequate time and facilities to prepare your defence.

c) right to free legal assistance

d) examine or have witnesses examined

e) free interpretor

What may happen when suspects envoke their right to silence?

adverse inferences may be drawn from the silence.