Right to Fair Trial

Temporary absence of legal advice for terror suspects does not violate Article 6

Tags
ECHR Art. 6, Right to Fair Trial

European Court finds that inability to cross-examine witness does not result in unfairness

Simon Price v United Kingdom, Application no. 15602/07

The European Court of Human Rights unanimously decided that proceedings which led to the conviction of the applicant for drug trafficking offences did not infringe Article 6.  This was despite the fact that the applicant was unable to cross-examine a key prosecution witness due to his refusal to attend court.

Tags
ECHR Art. 6, European Law, Right to Fair Trial

Court of Appeal orders release of family court judgment in Ellie Butler murder case

C (A Child) [2016] EWCA Civ 798

The facts were that Ben Butler had been convicted for the murder of his six year-old daughter Ellie in June 2016.  In June 2014 King J had been required to make findings of fact about the case by Sutton Children’s Services who wanted to make a decision on the future of Ellie’s younger sibling.  Following his conviction, media organisations applied for the release of King J’s judgment in the family court. 

Tags
ECHR Art. 6, Right to Fair Trial

9-year Scottish murder trial was found to have breached human rights

O’Neill and Lauchlan v the United Kingdom (Application Nos. 41516/10 and 75702/13)
 
The European Court of Human Rights has ruled that criminal proceedings in the UK ran beyond the reasonable period of time permitted under Article 6 of the ECHR.
 

Tags
Criminal Law, ECHR Art. 6, European Law, Right to Fair Trial

Excluding first claimant from court while second gave evidence did not breach human rights

Da Costa and another v Sargaco [2016] EWCA Civ 764

In a matter concerning a road traffic claim, the Court of Appeal ruled that in deciding whether Article 6 of the European Convention on Human Rights (ECHR) has been breached, it is necessary to scrutinise very carefully the proceedings as a whole.

Tags
ECHR Art. 6, Right to Fair Trial

Social media comments prevent defendants from having a fair trial

Ex parte BBC and others [2016] EWCA Crim 12

The BBC together with nine other media organisations appealed against Mr Justice Globe’s reporting restriction on the trial of two teenage girls accused of murdering Angela Wrightson.

Tags
Criminal Law, ECHR Art. 6, Media, Right to Fair Trial

The PILS Project
Community House | City Link Business Park | 6A Albert Street | Belfast BT12 4HQ
Tel 028 9099 4258 | info@pilsni.org