Your Right to a Fair Trial
The right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights, which is part of UK law through the Human Rights Act 1998. It applies to criminal charges and to the determination of your civil rights and obligations alike. Because courts are public authorities that must act compatibly with Convention rights, you can rely on Article 6 directly in any court in England and Wales.
Last updated: 2026-07-30
Your Rights
A Fair, Public Hearing Before an Independent and Impartial Tribunal
In the determination of any criminal charge against you, or of your civil rights and obligations, you are entitled to a fair and public hearing by an independent and impartial tribunal established by law. It is unlawful for a court, as a public authority, to act incompatibly with this right.
A Hearing Within a Reasonable Time
Article 6 entitles you to a hearing 'within a reasonable time'. Excessive, unjustified delay in bringing a case to hearing or judgment can itself breach the Convention right, and delay is something you can raise with the court managing your case.
The Presumption of Innocence
Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. It is for the prosecution to prove guilt — you are not required to prove your innocence.
To Be Told the Case Against You and Given Time to Prepare
Anyone charged with a criminal offence has the minimum rights to be informed promptly, in a language they understand and in detail, of the nature and cause of the accusation, and to have adequate time and facilities to prepare their defence.
Disclosure of Prosecution Material That Helps You
In criminal cases the prosecutor must disclose to the accused any prosecution material not previously disclosed which might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused.
Legal Assistance — Free Where the Interests of Justice Require
You may defend yourself in person or through legal assistance of your own choosing. If you do not have sufficient means to pay for legal assistance, it must be given to you free when the interests of justice so require.
To Challenge the Evidence and Understand the Proceedings
You have the right to examine, or have examined, the witnesses against you and to obtain the attendance of witnesses on your behalf under the same conditions — plus the free assistance of an interpreter if you cannot understand or speak the language used in court.
Public Judgment, With Narrowly Defined Exceptions
Judgment must be pronounced publicly. The press and public may be excluded from all or part of a trial only in defined circumstances — in the interests of morals, public order or national security, to protect juveniles or the parties' private lives, or where publicity would prejudice the interests of justice.
Common Myths
The right to a fair trial only applies in criminal courts.
Article 6(1) applies to 'the determination of his civil rights and obligations or of any criminal charge' — so civil disputes about things like housing, money or family life are covered too.
If you can't afford a lawyer, you simply have to represent yourself.
Article 6(3)(c) guarantees free legal assistance to a defendant of insufficient means when the interests of justice require it, and real and effective access to a court may also require access to legal aid.
You have to prove your innocence.
The presumption of innocence in Article 6(2) means everyone charged with a criminal offence is presumed innocent until proved guilty according to law.
The prosecution only has to hand over the evidence it plans to use.
Under s.3 of the Criminal Procedure and Investigations Act 1996 the prosecutor must also disclose unused material that might reasonably undermine the prosecution case or assist the defence.
Courts can sit in secret whenever they like.
Hearings and judgments must be public. Exclusion of the press and public is only allowed in the specific circumstances listed in Article 6(1), such as national security or protecting juveniles, and only to the extent strictly necessary.
What To Do
Get Legal Advice Early
Speak to a solicitor as soon as you know you face proceedings and check whether legal aid applies — free legal assistance is part of the fair trial guarantee where the interests of justice require it.
Insist on Disclosure
In a criminal case, make sure — through your solicitor — that the prosecution has complied with its statutory duty to disclose material capable of undermining its case or assisting yours.
Keep a Record of Delay
Note every adjournment and how long your case has taken. A hearing within a reasonable time is part of Article 6, and unjustified delay can be raised with the court.
Raise Fairness Problems With the Court Itself
Courts must not act incompatibly with your Convention rights. Object at the hearing if you are denied an interpreter, disclosure, or a fair chance to challenge the evidence against you.
Use the Appeal Routes — Quickly
If a conviction followed an unfair process, act fast: an appeal from the magistrates' court usually must be made within 15 working days of sentence, and a Crown Court conviction needs an application for permission to appeal to the Court of Appeal within 28 days.
Key Legislation
- Human Rights Act 1998
- European Convention on Human Rights, Article 6 (Sch.1 to the HRA 1998)
- Criminal Procedure and Investigations Act 1996
- Civil Procedure Rules 1998 (r.39.2 — open justice)
Useful Contacts
Citizens Advice
Free, confidential advice on your legal rights and going to court.
Tel: 0800 144 8848
WebsiteLiberty
Human rights organisation with free advice and information on Convention rights, including Article 6 fair trial rights.
WebsiteLaw Society — Find a Solicitor
Official directory for finding a regulated solicitor, including criminal defence and civil litigation specialists.
Website