chapter 3.4

Question 1

Human rights charter

Answer 1

main purpose is to protect and promote human rights, it is designed to ensure that any statute passed by the victorian parliament does not interfere with the human rights set out in the charter

Question 2

3 rights available to an accused

Answer 2

• the right to be tried without unreasonable delays
• the right to silence
• the right to trial by jury

Question 3

the right to be tried without unreasonable delay

Answer 3

a person charged with a criminal offence is entitled to a guarantee that they will be tried without unreasonable delay. This means that an accused is entitled to have their charges heard in a timely manner, and that
delays should only occur if they are considered reasonable. This right is ‘without discrimination’. Every accused person is entitled to this right regardless of their prior convictions or personal characteristics.
The right recognises that there may be a delay in
the case, but that delay must not be unreasonable.
The term ‘unreasonable delay’ is not defined, but the
reasonableness of any delay will depend on factors
such as the complexity of the case and the legal
issues involved.
as stated in the human rights charter

Question 4

what is considered a reasonable delay

Answer 4

• complex cases such as ones with multiple witnesses needing witness statement
• lack of resources
• backlogs

Question 5

effect on the principle of fairness of the right to be tried without unreasonable delay

Answer 5

there is tension that exists between the right to be tried without unreasonable delay and the principle of fairness as rushed trials can often lead to unfair results due to lack of time the both parties have to present their case

Question 6

the right to silence

Answer 6

All people have a common law right to remain silent, this means that people have the right to refuse to answer questions by police and refuse to give evidence during trial
- judges can also not assume the person is guilty if they choose to remain silent

Question 7

why is the right to silence vital

Answer 7

• a person is entitled to stay silent rather then say something that might harm their case
• ensure that law enforcement cannot compel a suspect to speak
• the jury must rely on facts and evidence to determine guilt and not on the silence of the accused

Question 8

the right to trial by jury

Answer 8

the right to trial by jury is protected under section 80 of the constitution. it provides that the trial on indictment of any offence against any law of the commonwealth shall be by jury of 12

Question 9

what does the right to trial by jury ensure

Answer 9

ensure that all accused person have the opportunity to have their case heard by there pears and ensure that justice is administered in accordance with communities values and standards and that members of the community are able to directly and actively participate in the administration of justice

Question 10

difficulty of trial by jury

Answer 10

• jurys are not necessarily representative of the community as certain individuals are disqualified, ineligible or excused from jury service

Question 11

limitation of right to trial by jury

Answer 11

an accused is not guaranteed the right to trial by jury if they are pleading guilty to an offence or if the matter is being heard in the magistrates court