3.1.3 rights of an accused Flashcards
rights to be trailed without unreasonable delays
Right to be tried without
unreasonable delay is an entitlement
accused people possess to have their
case heard in a timely manner unless
the court considers delays to the trial
to be ‘reasonable
The case of R v Upton [2005] ACTSC 52 found relevant factors
in determining the ‘unreasonableness’ of a delay. factors include
-length of the delay
-complexity of the case
- number of offences committed
-reasons for the delay.
Rationale for the right to be tried without unreasonable delay
- witnesses memories will fade, decreasing the reliability of witness testimonies.
-when outcomes of a criminal case are unknown for a long duration, this may cause increased stress and anxiety to the family, victim, and accused.
-if criminal trail has gained large media attention then finding a jury of 12 unbiased members of the public may be challenging due to the exposure of the case, causing apprehended bias.
-increase in costs for the accused as they may need to hire a lawyer for the whole duration of the period before their trial.
right to silence
Right to silence a common law right
that allows a person to remain silent
when questioned or asked to supply
information by a person in authority.
when can the right to silence be used
An accused’s right to silence can be exercised at any time prior to and during a trial.
two rationale for right to silence
The right protects an accused person from an invasion of
their privacy and liberty. If an accused wants to keep certain
information to themselves to retain privacy, they are legally
able to do so.
Therefore, an accused may remain silent if they
believe the prosecution will be unable to gather sufficient
evidence to prove their guilt.
right to trial by jury
a right to be tried by unbiased members of the community who have been randomly selected from the electoral role
what are the requirements for an accused to receive a trial by jury for a criminal offence
must be an indictable offence with no Quilty plea.
rationale for trial by jury
- a jury should represent
a cross-section of the community and not be biased towards
either party.
-presence of a jury will likely result in lawyers using clear,
plain English instead of legal jargon when presenting evidence. enabling the accused to also understand processes
