Rights Flashcards
1
Q
rights of the accused
A
- the right to be tried without unreasonable delay
- the right to silence
- the right to trial by jury
2
Q
rights of the victims
A
- the right to give evidence using alternative arrangements
- the right to be informed about the proceedings
- the right to be informed about the likely release of the offender
3
Q
the right to be tried without unreasonable delay
A
- supported by section 21 of the charter
- states that a person who is arrested or detained has the right to be brought to trial without unreasonable delay
- an accused is entitled to have their charges heard in a timely manner
4
Q
the right to silence
A
- an accused has the right to remain silent when questioned or when asked to give information
- exercising their right to remain silent is not a sign of guilt
5
Q
the right to trial by jury
A
ONLY FOR INDICTABLE OFFENCES
- Victoria indictable offences - juries act
- Commonwealth indictable offences - section 80 of the constitution
6
Q
the right to be informed if the offender is being released
A
- on the victims register
- victims can recieve certain information about the offender including notification of release on parole at least 14 days prior
- victims can be given the opportunity to make a submission if they feel the offender shouldn’t be released on parole
7
Q
the right to be informed about the proceedings
A
- entitlement to be informed at regular intervals about the progress of an investigation into a criminal case, unless they don’t want the information, or knowing the information could jeopardise the case
- following commencing prosecution, victims should be informed about the charges
8
Q
the right to give evidence through alternative arrangements
A
- allowing for a support person in the room
- allowing for a screen to be put between the accused and the victim, to prevent self-victimisation
- comes from the criminal procedure act
- tries to reduce trauma, distress, intimidation, and self-victimisation
