Hra Article 6

Please look at Article 6 (Right to a fair trial) of the HRA 1998. 1. Fully research and explain the article.

2. Explain why this article is particularly important for a Police officer/Investigator dealing with an offender from the beginning of a case until a court appearance.

3. What are the possible consequences if the Police officer/Investigator fail to comply with this Article

This essay will outline the Human Rights Act 1998, The European Convention for the Protection of Human Rights and Fundamental Freedoms, and in particular discuss Article 6 the Right to Fair Trial and the steps public authority make, or do not make, in order to act in accordance with the Right.

The European Convention is an international treaty formed by governments

Venables and Thompson were accused of abduction, torture and murder of Bulger, aged two at the time. The two boys were the youngest to be charged with murder in the 20th century, both of whom ten years of age. Their age had a significant factor in the events that unfolded in the trial, Venables and Thompson’s representatives had claimed that the trial had breached articles 3, 5, 6 and 14 of the European Convention. In 1999, after the claims were taken to the European Court, it was found that arrangements had not been made to ensure Venables and Thompson could properly participate in the trial process at crown court, breaching article 6 the Right to a Fair trial. It was also found by the European Court that a further breach of the right to a fair trial incurred when the home secretary, Jack straw, who sets a ‘tariff’, a minimum period a child aged 10 or over must serve in punishment, was not independent of the executive. This clearly was not an impartial and independent decision, thus breaching the rights of article 6. (ECHR Judgment (Thompson and Venables), 1999). The European Court awarded compensation expenses of £15,000 to Thompson and £29,000 to

The gathering of evidence is crucial in aiding a conviction, but a defendant must also consider the possibility of unlawful and unfairly obtained evidence. Section 78 of PACE 1984 outlines that any evidence gathered by the Police thought to be unlawfully obtained could be vulnerable to exclusion by the court because it denies an individual the right to a fair trial and also breaches PACE 1984 Codes of Practice (Police and Criminal Evidence Act 1984, n.d.). This means it’s extremely important, as a police officer or investigator, to gather evidence in the correct procedure in order for it to be lawfully used in a court case. If evidence is deemed unlawful and excluded from the court, under section 78 of PACE 1984, an independent investigation is likely to take place and it’s possible that Police Officers may be suspended for their action, pending further