Rights of the accused

Question 1

What is the right to be tried without unreasonable delay?

Answer 1

The accused is entitled to have their charges heard so that a full investigation can be completed and the accused has enough time to prepare their defence. However, they must also not be delayed that cause uncertainty and stress for an accused person, as well as adding cost.

Question 1

What are the rights of the accused?

Answer 1

The right to be tried without unreasonable delay, the right to silence and the right to trial by jury

Question 2

Any limits to the right to be tried without unreasonable delay?

Answer 2

Yes, summary offences must be brought within 12 months and matters against a child must be brought within 6 months.

Question 3

What is the right to silence?

Answer 3

In a criminal trial/hearing, you can’t be made to testify against yourself or admit guilty. You have the ability to remain silent in your own defence as the burden of proof rests on the prosecution, not you. There cannot be any adverse inferences from the accused not giving evidence or calling witnesses.

Question 4

Any exceptions to the right of silence?

Answer 4

Yes, the police can ask someone’s name and address if they believe that person has committed/assisted in a crime.

Question 5

What is the right of trial by jury?

Answer 5

It is where 12 peers of the community decided on matters of guilt. It does not apply to state offences and only applies to indictable offences where the accused is pleading not guilty.