The applicant had sought and been refused legal aid to support legal representation at a full oral hearing on her renewed application for leave to appeal against her conviction. She argued that the refusal of legal aid denied her human rights. Held: The legal aid system assisted her at trial, on advice with regard to … Continue reading Regina v Oates: CACD 25 Apr 2002
A lawyer, Mr Reindel, was appointed by the High Court to act as defence counsel for the applicant. It was then discovered that Mr Reindel was to be called as a witness and his appointment was rescinded and another lawyer was appointed in his stead. At para 2 ECmHR said this in relation to article … Continue reading K v Denmark: ECHR 5 May 1993
The applicant had been committed for trial in Portugal for insulting a judge. The judge investigating that charge assigned a lawyer to represent him. Mr de Matos objected. He wanted to represent himself. He relied on article 6.3(c) of the Convention. He appealed against the order of committal. His appeal was declared inadmissible because it … Continue reading Correia De Matos v Portugal: ECHR 15 Nov 2001
Article 6, paragraph 3, fitt . c) of the Convention : First instance proceedings. This provision guarantees that proceedings against the accused will nor take place without adequate representation for the defence, but does not give the accused the right to decide himself in what manner his defence should be assured. Reference to national legislation … Continue reading X v Norway: ECHR 30 May 1975
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018
ECHR Judgment : No Article 6+6-3-c – Right to a fair trial : Grand Chamber The applicant alleged that the decisions of the domestic courts refusing him leave to conduct his own defence in the criminal proceedings against him and requiring that he be represented by a lawyer had violated Article 6 ss 3 (c) … Continue reading Correia De Matos v Portugal: ECHR 4 Apr 2018
Citations: 25703/11 – Chamber Judgment, [2013] ECHR 1205 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Dvorski v Croatia ECHR 20-Oct-2015 Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, … Continue reading Dvorski v Croatia: ECHR 28 Nov 2013
Grand Chamber: ‘As the Court has already held in its previous judgments, the right set out in article 6.3(c) of the Convention is one element, among others, of the concept of a fair trial in criminal proceedings contained in article 6.1 (see Imbrioscia v Switzerland (1994) 17 EHRR 441, 24 November 1993, paras 36 and … Continue reading Dvorski v Croatia: ECHR 20 Oct 2015
The applicant complained that he had been denied the assistance of a lawyer during his police custody and that his police statement which had been taken in the absence of a lawyer had been used in his conviction by the trial court. Judges: Francoise Tulkens, President Citations: 5289/06, [2011] ECHR 159 Links: Bailii Statutes: European … Continue reading Huseyin Habip Taskin v Turkey: ECHR 1 Feb 2011
