The right to a fair trial therefore requires that the defendant be given a fair chance to present a defence in order to counteract this imbalance. Access to a lawyer is crucial to this and this right starts from the point of arrest and through the trial itself.
People need access to legal advice so that they can understand the case against them. If a defendant has the means to pay, they should be able to choose their own lawyer. If the person cannot afford to pay for their own lawyer, where the interests of justice require, the state should provide free legal assistance.
A person facing criminal charges must have the time and facilities to prepare a defence. This right exists at all stages of the proceedings and encompasses the right to documents, files, and information as well as a guarantee of confidential communication with counsel see Open Justice. Although undue delays in criminal proceedings often contradict the right to a fair trial , fast-track trials can also deny people a fair chance to present a defence.
Crucially, during the trial itself people must have a fair chance to present a defence under conditions that do not place them at a disadvantage versus their opponent. This will require the free assistance of an interpreter if the person cannot understand or speak the language used in court. The person should be allowed to be present at hearings which is also crucial to open justice and should be given the chance to make a statement.
Except in exceptional circumstances, people must also be given the right to call witnesses and examine or have examined witnesses in the same manner as the prosecution. Who we are. Building a movement. I would like to help today and donate Every Month. Your submission has been received! Something went wrong while submitting the form. First Name. Last Name. Country Select one Card Number. Expiry Date MM. CSV what is this? Address Line 1. What happened On 21 July , four devices were detonated on London public transport, but did not explode.
What does the right to a fair trial require? What did the European Court say? These facts meant that the use of this evidence against him at trial was unfair. Featured image via BBC. Share this link copied to clipboard. Olivia Percival Writer Olivia is a qualified solicitor who has worked in private practice and for the Government Legal Service. However, its implications go further. For example, the requirement of judicial impartiality precipitated reform of the centuries-old position of the Lord Chancellor in order to end the confusion of judicial, executive and legislative roles.
How is it structured? Article 6 basically contains two sets of obligations. Judgment must be given publicly but access to the trial may be restricted in specified circumstances. The European Court of Human Rights has developed equality of arms as a basic principle.
Salduz v Turkey 27 November Read this page to find out more about what this right means under the Human Rights Act. Article 6 protects your right to a fair trial. It also ensures you have access to the courts and gives you the right to bring a civil case. Article 6 covers both criminal and civil proceedings. Criminal and civil proceedings have a different meaning under the Human Rights Act than under UK law. Civil proceedings include things like employment disputes, planning decisions, contract disputes and family or property disputes.
Article 6 applies to hearings which take place in a court, like criminal trials and civil court cases. It also applies to some proceedings and decision making processes outside of the court - for example, disciplinary hearings and planning proceedings. Skip to navigation Skip to content Skip to footer.
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