Article 6 ECHR: Engagement, Civil/Criminal Limbs, Access to Court, Fair Trial Elements, Implied Rights, Minimum Criminal Safeguards, Privilege Against Self-incrimination, Limitations, Waiver and Arbitration

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Practice notes

Article 6

Article 6 of the European Convention on Human Rights (the ‘ECHR’) provides that:

When a person’s civil rights and obligations are being decided, or any criminal charge against them is considered, every person is entitled to a fair and public hearing within a reasonable time by a tribunal established by law that is independent and impartial. Judgment must be given publicly, but the press and public can be excluded from all or part of the hearing in a democratic society in the interests of morals, public order or national security, where the interests of juveniles or safeguarding the parties’ private life so require, or, in the court’s opinion, to the strictly necessary extent in special circumstances where publicity would prejudice the interests of justice.
Everyone charged with a criminal offence is presumed innocent until proved guilty according to law.

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Adam Heppinstall

Henderson Chambers

Adam is a common law/commercial Barrister with a very wide range of clients and specialisms. As Junior Counsel to the Crown since 2004 he has advised and represented a very large number of public bodies on a range of issues. These include local authorities, housing associations, charities, social enterprises and relating organisations. He also advises (where there is no conflict) companies and businesses contracting or otherwise interacting with public bodies, whether in relation to procurement, information law or general contractual issues. His practice covers public, regulatory and information law as well as personal injury, employment and more general commercial law issues. He has environmental, health & safety, trading standards, inquests, flooding and water drainage, chemical and pharmaceutical and traffic commissioner regulatory experience. He has appeared in most Chambers of the First-tier and Upper Tribunals. The Legal 500 describe Adam as “Very much a silk in...

Dr Douglas Maxwell

Henderson Chambers

Dr Douglas Maxwell is Barrister at Henderson Chambers in London. His practice encompasses public law, human rights, commercial litigation, product liability, health and safety, financial services, and all aspects of property law. Before joining Chambers, Douglas was awarded a PhD from the University of Cambridge. Douglas obtained multiple academic awards and scholarships, including an HSS Doctoral Scholarship from the University of Cambridge and a Lord Astbury Scholarship from Middle Temple.His first book, The Human Right to Property: A Practical Approach to Article 1 of Protocol No.1 to the ECHR (Hart Publishing, 2022), was published in July 2022. ...

Web page updated on 21/05/2026

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