Article 6
- Created by: __Jess
- Created on: 10-03-23 20:39
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- Article 6
- Article 6(1)
- Entitlement to a fair and public hearing within a reasonable time by an independent and impartial tribunal
- "Fair"
- Equality of arms
- Steel and Morris v UK
- T and V v UK
- Presumption of innocence
- No self-incrimination
- Brown v Stott
- Equality of arms
- "Public hearing"
- Justice must be seen to be done
- Cases with children, in the interest of national security or mental health tribunals do not have to be public
- B and P v UK
- Cases with children, in the interest of national security or mental health tribunals do not have to be public
- Justice must be seen to be done
- "Independent and impartial tribunal"
- Twomey
- Pinochet
- Stansbury v Datapulse and Troy Holdings
- "Fair"
- Entitlement to a fair and public hearing within a reasonable time by an independent and impartial tribunal
- Article 6(2)
- Applies to criminal cases
- Presumption of innocence until proven guilty
- Salabiaku v France
- Article 6(3)
- Minimum rights of the accused in criminal cases
- Suspect must be informed of the accusation in a language they understand
- Suspect must be granted adequate time and facilities to prepare a defence
- Suspect must be able to defend themselves in person, thorough legal assistance, or free legal help where the interests of justice require it
- Home Sec v AF
- Ibrahim
- Abdurahman
- Suspect must be allowed to have witnesses examined
- Davis
- Suspect must be allowed to have a free interpreter if needed
- Minimum rights of the accused in criminal cases
- Extra cases
- Osman
- Judges have immunity from suit, police do not
- Robins v UK
- 4 year wait for a trial too long
- AG's Ref No 3 of 2000
- Evidence obtained by undercover police invalid
- Brumarescu v Romania
- Judge must give reasons for decision
- Golder
- Right to contact lawyer
- Murray
- Right to contact lawyer
- Osman
- Article 6(1)
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