CEDH · CASELAW;CLIN;ENG — 11 octobre 2005

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 79 October 2005 Young v. the United Kingdom (dec.) - 60682/00 Decision 11.10.2005 [Section IV] Article 6 Criminal proceedings Article 6-3-c Defence through legal assistance Alleged refusal of legal representation in adjudication proceedings: admissible   Article 6-1 Impartial tribunal Independent tribunal Independence and impartiality of prison Governor in adjudication proceedings: admissible   The applicant, who was sentenced to six months’ imprisonment for breach of a probation order, suffers from cerebral palsy, a disorder of the central nervous system which can inhibit voluntary muscle control. While in prison she was requested to provide a urine sample during a mandatory drugs’ test (“MDT”). However, the applicant claims that given her medical condition she could not provide the sample when it was requested. She alleges that the prison officer appeared irritated and informed her that she was going to put that down as a refusal which could result in additional days’ detention. In the adjudication proceedings which followed, the applicant claims to have felt intimidated and of not understanding the jargon used. She therefore had asked if she could have someone with her and the Governor had refused this, informing her that this would only be allowed for someone with severe learning difficulties. The Government alleged that the applicant was asked whether she wished to have any legal representation but had declined. The applicant disputed this, arguing that she had requested legal representation but that it had been refused. The Governor found that the applicant had failed to obey a lawful order and sentenced her to 14 additional days’ detention, later reduced to 3 additional days. Admissible under Article 6.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes