Rights of an accused - the right to trial by jury

Question 1

What is the right to trial by jury protected by?

Answer 1

The right to trial by jury is NOT protected by the Human Rights Charter, but rather protected in part by statute law in Victoria such as the Juries Act (for state indictable offences), and in part by Section 80 of the Australian Constitution (for Commonwealth indictable offences).

Question 2

Explain section 80 of the Australian Constitution.

Answer 2

Section 80 of the Australian Constitution states that any person who is charged with a Commonwealth indictable offence (a serious offence affecting Australia as a country such as terrorism and drug importation) is entitled to a trial by jury.