Variations between England and Scotland - Research Paper Example

Article 6 stipulates certain additional features, with regard to criminal cases, in the context of the right to a fair trial. For instance, the accused have to be informed straight away about the charges framed against them, and this has to be in the language that they can comprehend. Moreover, the accused have to be provided with adequate time and facilities to prepare their defense. In addition, they should be permitted to defend themselves in person or through a lawyer of their choice. In addition, the accused in criminal cases have to be provided with legal aid, when they are not in a position to afford legal representation.

Furthermore, the accused should be permitted to call and question witnesses, in the same manner as the defense counsel. As such, it is incumbent upon the state to establish courts that provide a fair trial to all the accused. Moreover, the state has to ensure that no individual is punished, in the absence of a fair trial.The procedural protection provided by Article 6 ECHR becomes effective only when a criminal charge is framed against an individual. This protection remains in force until the sentence has been made or an appeal has been decided.

All the same, the judicial procedure requirements of Article 6 do not encompass the pre-charge stage of prosecution. This is especially true of the criminal investigation.With regard to the Article 6 ECHR requirement, to conduct trials in criminal cases within the reasonable time, several cases are in existence.