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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.

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Key term

What does Article 6(1) guarantee?

Key term

To which proceedings does Article 6 apply?

Key term

When may the press and public be excluded from a hearing?

Questions from this subtopic

Each one with the model answer underneath.

  1. 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. 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. 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. 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. 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. 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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