DP 3 - rights of accused Flashcards
What are some rights of the accused?
Right to be tried without unreasonable delay, right to silence and the right to trial by jury.
What is the right to be tried without unreasonable delay?
Accused is entitled to have their charged heard in a timely manner
When can an accused be tried with delay?
When the delay is reasonable. Reasonable is not defined.
- must consider factors such as complexity of case, legal issues
What is the right to silence?
A person accused of a crime has a range of protections to ensure they do not ‘say or do anything’ in relation to the accusation of a crime.
Where is the right to silence contained?
Evidence Act 2008, after Weissensteiner v The Queen 1993.
Where is the right to be tried without unreasonable delay contained?
The Human rights charter (Vic), also called the charter of human rights and responsibilities act 2006
What can an accused do under their right to silence?
- Refuse to answer police questions during investigation (aside from name and address)
- refuse to give evidence in court.\
NO adverse inferences can be drawn from their silence
What does the right to trial by jury mean for indictable offences heard and determined summarily?
Accused’s consent is required as guilt will not be decided by a jury, thus waiving their right.
Where is the right to trial by jury contained?
Juries Act (Vic), Australian Constitution (but for cth offences)
