Rights Of An Accused

Question 1

What is the right to trial without unreasonable delay?

Answer 1

• Trials should be held in a timely manner
• We need to balance the time needed to prepare a case properly, with the need to see justice be done and gain closure.
• Only reasonable delays should occur. What is considered a reasonable delay changes on a case to case basis. Factors are the complexity of the case, the nature of the case, the number of witnesses etc.

Question 2

How is the right to trial without unreasonable delay upheld?

Answer 2

• If an accused is charged with a sexual offence, the trial must start within three months of the day on which the person is committed for trial.
• If an accused is charged with offence other than a sexual offence, the trial must start within 12 months of the day on which the person is committed for trial.

Question 3

The right to a fair hearing/trial

Answer 3

• The accused should have their case heard by an independent, impartial and competent court. The hearing must be fair and public (can be incamera if sensitive).
• Unbiased and objective court
• Independent of government

Question 4

How is the right to a fair hearing upheld?

Answer 4

• Trial by a jury
• Access to adequate legal representation
• public hearing

Question 5

The right to trial by jury

Answer 5

The right to trial by jury means that every defendant in a criminal trial for an indictable offence has the right to trial by her or his peers to ensure that the judgment of the community is given, and the power of the government is kept in check.

-it is protected by the constitution and Charter of human rights and responsibilities.

Question 6

How is the right trial by jury protected?

Answer 6

It is both protected by the constitution and Victorian charter of human rights and responsibilities.