Article 6 of the European Convention on Human Rights states:
"1.In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2.Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3.Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
"1.In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2.Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3.Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and the facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court."
In what situations could Article 6 apply?
Because of the right to a fair trial is at the heart of a democratic society, it has been held that Article 6 should not have a restrictive interpretation. Therefore, it is submitted that the right to a fair trial applies to those proceedings outside of criminal trials. It logically follows that this includes civil proceedings, and in the context of prison law, this includes civil actions against the prison or the Government. This point regarding civil proceedings specifically was addressed in Raymond v Honey [1983] 1 AC 1:
"At the forefront of those civil rights is the right of unimpeded access to the courts... the right of access to a solicitor to obtain advice and assistance with regards to the initiation of civil proceedings..."
Prohibition of prisoners' legal papers and Article 6
Prisoners who have ongoing legal issues, such as appeals, claims or civil actions against prisons or other bodies need access to their legal documentation. Sometimes, access to this information can be witheld by the prison. Witholding such documentation can be legitimately justified but also potentially gives rise to Article 6 claims.
When can legal documentation be legitimatley witheld?
It depends on the facts of each case. Volumetric control may be a legitimate justification.
What should a prisoner do if they believe their rights under Article 6 have been violated?
They should seek legal advice from a solicitor.
Because of the right to a fair trial is at the heart of a democratic society, it has been held that Article 6 should not have a restrictive interpretation. Therefore, it is submitted that the right to a fair trial applies to those proceedings outside of criminal trials. It logically follows that this includes civil proceedings, and in the context of prison law, this includes civil actions against the prison or the Government. This point regarding civil proceedings specifically was addressed in Raymond v Honey [1983] 1 AC 1:
"At the forefront of those civil rights is the right of unimpeded access to the courts... the right of access to a solicitor to obtain advice and assistance with regards to the initiation of civil proceedings..."
Prohibition of prisoners' legal papers and Article 6
Prisoners who have ongoing legal issues, such as appeals, claims or civil actions against prisons or other bodies need access to their legal documentation. Sometimes, access to this information can be witheld by the prison. Witholding such documentation can be legitimately justified but also potentially gives rise to Article 6 claims.
When can legal documentation be legitimatley witheld?
It depends on the facts of each case. Volumetric control may be a legitimate justification.
What should a prisoner do if they believe their rights under Article 6 have been violated?
They should seek legal advice from a solicitor.
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