Report and Recommendations - Scottish Government

giving rise to the reasonable suspicion in advance of any court appearance. Itappears to suggest contentment also, so far as Article 5 goes, with questioningdesigned to “confirm” the suspicions (i.e. to see whether an admission is to beforthcoming). The suspect will, depending upon the results of the questioning,either be brought before a court or released.Article 6 – the Right to a Fair TrialPrimary rights3.0.11 Although Article 6 is headed “Right to a fair trial”, the actual terms of thearticle do not mention “fair trial” at all but, in Article 6.1, a “fair and publichearing”. Article 6.2 provides that everyone is presumed innocent untilproved guilty. Article 6.3 provides certain minimum rights, including those:“To be informed promptly and in detail of the nature and cause of theaccusation against him” and “To defend himself in person or through legalassistance”.3.0.12 It is important to understand that a “trial” or “hearing” in Convention termshas a far broader meaning than that of the court hearing at which a finalverdict is reached. Its scope has been described thus 7 :“Article 6 applies to all procedural steps which are directly relevant tothe decision as to the guilt or innocence of the accused… It beginswith the police inquiry and continues until the exhaustion of alldomestic appeals, including those to the constitutional court”.7 Trechsel: Human Rights in Criminal Proceedings (2005) p3254