Criminal Charge is an autonomous Convention concept

In other words, whether Article 6 applies is not a matter of how some matter is described in domestic law but whether it meets the Convention meaning of a criminal charge. In particular the issues are:- (a) how the matter is classified in domestic law (if as a crime this will be conclusive) (b) the nature of the offence and how it is classified in other countries; (c) the severity of the possible punishment a person may face. See: Pierre-Bloch v France (1998) 26 EHRR 202. In the United Kingdom, for example, procedures relating to the more serious forms of prison and military discipline will be criminal charges subject to Article 6. Professional discipline is likely not to be a criminal charge but may involve ‘civil rights’ : Benham v UK 1996. It was held that proceedings against poll-tax defaulters, though apparently administrative and not criminal as regards United Kingdom law, nevertheless involved criminal charges in Convention terms, and Article 6 applied.