3.4 The Rights of the Accused

Question 1

Human Rights Charter

Answer 1

the Charter of Human Rights and Responsibilities Act 2006 (VIC). It’s main purpose is to protect and promote human rights.

Question 2

International Treaty

Answer 2

a legally binding agreement between countries or intergovernmental organisations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws (also known as an international convention)

Question 3

Remand

Answer 3

the situation where an accused is kept in custody until their criminal trial can take place

Question 4

Bail

Answer 4

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges.

Question 5

Statute Law

Answer 5

a law made by parliament; also known as Acts of Parliament or legislation (as opposed to common law)

Question 6

What are the 3 rights given to the accused?

Answer 6

• Right to be tried without reasonable delay
• RIght to Silence
• Right to trial by Jury

Question 7

What is the right to be tried without reasonable delay

Answer 7

• people should be tried as quickly as possible
• children must be brought as quickly as possible
• s21 and s25 of the Charter of Human Rights and Responsibilities Act 2006 (Vic)

reasonable in this case means the average time

Question 8

What is the Right to Silence

Answer 8

• Right to refuse to answer/give evidence, file defence, call witness
• No adverse inferences to be drawn (common law) - also to new defences/selective silence
• s89 Evidence Act 2008 (Vic) - no unfavourable inference

Question 9

What is the Right to Trial by Jury

Answer 9

The right to trial by peer
* s22 Juries Act 2000 (Vic) (12 jurors + co)
* s80 Commonwealth of Australian Constitution Act 1900 (Cth) (jury for Cth Indictable Of.)
* s12 Criminal Procedure Act 2009 (Vic) - trial start when accused pleads not guilty b4 jury