Your right to a fair trial

Summary

Article 6 protects your right to a fair trial. It also ensures you have access to the courts and gives you the right to bring a civil case. Article 6 doesn’t give you an automatic right to free legal representation in civil cases. But if your case is too complex for you to represent yourself properly, there may be a breach of article 6 if you don’t get help with legal costs . A fair trial means you have the right to a hearing which is: * heard by an independent and impartial court or tribunal If you’re going to court, this means you have the right to – for example: * present your case before a decision is made * see your opponent’s documents and evidence * have your case heard without excessive delays. Article 6 covers both criminal and civil proceedings. Criminal and civil proceedings have a different meaning under the Human Rights Act than under UK law. Under the Human Rights Act, criminal proceedings include: * when you’re being prosecuted for a criminal offence * other proceedings which aren’t normally considered criminal in the UK - for example, court proceedings because you’ve not paid your council tax or for contempt of court. Civil proceedings include things like.

Key information

• heard by an independent and impartial court or tribunal
• heard within a reasonable time.
• present your case before a decision is made
• see your opponent’s documents and evidence
• be given reasons for the decision
• have your case heard without excessive delays.
• when you’re being prosecuted for a criminal offence
• other proceedings which aren’t normally considered criminal in the UK - for example, court proceedings because you’ve not paid your council tax or for contempt of court.
• the right to be presumed innocent until proven guilty – this means it’s the prosecution who must prove you're guilty
• the right to know why you’re being prosecuted in a language you understand and the right to a free interpreter in court if you can’t understand the language used
• the right to defend yourself and the right to legal aid if you can’t afford legal representation
• the right to be in court during the trial

Practical guidance

• Source: Your right to a fair trial

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