rights of an accused - 3.1.3 Flashcards
What is meant by: the right to be tried without unreasonable delay?
the charged person is entitled to have their case heard in a timely manner. unreasonable delay depends on the complexity of the case.
e.g. if there are multiple crimes scenes or multiple accused with few witnesses, it will take longer to gather evidence, compared to a single incident and multiple witnesses.
what is meant by: right to silence?
different types of protection given to an accused.
- the right to refuse to answer questions and not give info
- not being forced to give evidence
section 89 of the evidence Act 2008 (vic) - negative conclusions cannot be made if a person has exercised the right to silence.
how is the right to silence protected?
it is protected by common law.
- no adeverse inferences when a person hasn’t answered a question or given evidence.
- accused can bring up defences in a trial that was not raised earlier
- accused can choose to answer some questions
jury can think silence = guilt.
what is meant by: the right to a trial by jury?
allows accused to be judged by peers, members of the community.
this right is found in the Australian Constitution, section 80: any person who is charged with a commonwealth indictable offence is entitled to a trial by jury.
