Eduqas A-Level Law A150QS
Parliamentary and European Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
The Civil Courts and Civil Process
The Criminal Process
Legal Personnel
Access to Justice and Funding
Contract: Rules and Theory of Contract LawContract
Contract: Essential Requirements and FormationContract
Contract: Express and Implied TermsContract
Contract: Misrepresentation and Economic DuressContract
Contract: Discharge of ContractContract
Contract: RemediesContract
Tort: Rules and Theory of Tort LawTort
Tort: NegligenceTort
Tort: Occupiers' LiabilityTort
Tort: Torts Connected to LandTort
Tort: Vicarious LiabilityTort
Tort: Defences and RemediesTort
Criminal Law: Rules and TheoryCriminal
Criminal Law: General Elements of LiabilityCriminal
Criminal Law: Offences Against the PersonCriminal
Criminal Law: Property OffencesCriminal
Criminal Law: Capacity DefencesCriminal
Criminal Law: Necessity Defences and Preliminary OffencesCriminal
Human Rights: Rules and TheoryHuman rights
Human Rights: Protection of Rights and Freedoms in the UKHuman rights
Human Rights: Convention ProvisionsHuman rights
Human Rights: Restrictions on Convention RightsHuman rights
Human Rights: EnforcementHuman rights
Human Rights: ReformHuman rights
Human Rights: Convention Provisions
Article 6 and the right to a fair trial
- 3 things to know
- Components 2 and 3
Overview
The fair and public hearing within a reasonable time by an independent and impartial tribunal, when press and public may be excluded, the presumption of innocence, and the minimum rights in Article 6(3).
What you need to know
Answer each one before you reveal it.
To which proceedings does Article 6 apply?
When may the press and public be excluded from a hearing?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What does Article 6(1) guarantee?
Model answer
Article 6(1) guarantees a fair and public hearing within a reasonable time. The tribunal must be independent, impartial and established by law.
- 2
To which proceedings does Article 6 apply?
Model answer
Article 6 applies to the determination of a criminal charge and to disputes over civil rights and obligations. Employment, planning and licensing decisions can all engage the civil limb.
- 3
When may the press and public be excluded from a hearing?
Model answer
Article 6(1) allows exclusion in the interests of morals, public order, national security or the protection of juveniles. Exclusion is also permitted where publicity would prejudice the interests of justice.
- 4
Must judgment be pronounced in public?
Model answer
Article 6(1) requires judgment to be pronounced publicly even where the hearing itself was closed. Public pronouncement allows the reasoning to be scrutinised.
- 5
What does the independence of a tribunal mean?
Model answer
Independence means freedom from influence by the executive and by the parties to the case. Security of tenure and the manner of appointment are the usual indicators.
- 6
What does impartiality require?
Model answer
Impartiality requires a tribunal free from actual bias and from any appearance of bias. Justice must be seen to be done as well as done.
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