Article 6

Article 6

Right to a fair trial

• Absolute right, fundamental and cannot be restricted in any capacity under any circumstances

Origins

• 1215 Magna Carta: “To no one will we sell, to no one will we refuse or delay right or justice”

• 1689 Bill of rights: banned excessive fines and protected the right to a trial by jury

• 1701 Act of Settlement enshrined judicial independence.

Evidence Gathering Rules

• Section 76 of PACE requires the court to exclude confessions acquired through coercion or oppression (Birmingham 6)

• Section 78 of PACE says failure by police to adhere to procedures set out in PACE would seriously impact the fairness of proceedings.

T & T v UK

The court must consider feelings of intimidation, inhibition, and PTSD

R v M & W

Established the rules for children giving evidence

Equality of Arms

The idea that no party in a trial should be disadvantaged by not being able to afford or access legal support.

Steel & Morris v UK

Published article which accused McDonalds of many offences against animals and workers, and environmental practises.

Strasbourg established there was an interference with article 6:

1. Case lasted 300 days and was full of corporate, scientific, and economic evidence

2. McDonalds were represented by specialist lawyers and had enormous financial resources

3. Steel and Morris were unemployed activists

4. Steel and Morris were denied legal aid as this was the policy for libel cases in the UK

McVicar v UK

The parties were pretty evenly matched and therefore there was equality of arms

Before an Independent and Impartial Tribunal - Judges

• Independence from legislature (parliament)

• Independence from executive (the government and prime minister)

• Independence from case

• Security of Tenure

Sander v UK

Jury was racist which could bias the ruling

Gregory v UK

Juror was racist and was excused, reminded that case should be decided solely on evidence and nothing else.

6.2 Presumption of Innocence - DPP v Woolmington

Innocent until proven guilty; “Golden thread that runs through law”

6.2 Right to silence - Murray v UK

PACE protects the right to silence, however inferences can be drawn when deciding to stay silent

6.2 Right to not self incriminate - O’Halloran v Francis + Gafgen v Germany

State cannot force a person to provide evidence that is used to convict them of a criminal offence.

Includes right to be free from torture / forced confessions.

6.3 Information about charge - Brozieck v Italy + Taylor v CC Thames Valley

Language must be easily understandable, and must be provided

6.3 Time and facilities to prepare defenceHadjianastassiou v Greece

Defendant should be given the chance to effectively defend themselves.

6.3 Right to defence and access to legal advice Benham v UK

Protected right in the UK through PACE, the right to consult a lawyer, although it can be delayed (s58 PACE)

6.3 Right to examine witnesses - Saidi v France

Defendant should be able to examine witnesses in order to question their evidence and build a solid defence.