Rights of the accused

Question 1

Tried without unreasonable delay

Answer 1

Time must allowed for a full investigation. They must not be delayed because it can cause uncertainty and stress for the accused person, as well as increased cost

Question 2

limit for summary offences

Answer 2

summary offences must be brought within 12 months and matters against a child is within 6 months

Question 3

Right to silence

Answer 3

you have the ability to remain silent in your own defence, as the burden of proof rests on the prosecution, not you.

Question 4

Inference regarding right to silence

Answer 4

no adverse inference can be drawn from the accused not giving evidence or calling witnesses. It is not an admission of guilt if you do not speak

Question 5

Trial by Jury

Answer 5

Ensures evidence and arguments are presented in a way that is understandable to everyday people. Every indictable offence in Australia must be heard by a jury of 12

Question 6

Where in the Constitution does it mention trial by jury?

Answer 6

Included in s80 of the constitution for Commonwealth offences
however it does not apply to state offences

Question 7

Explain one right of an accused person in the criminal justice system?

Answer 7

One right of an accused person in the criminal justice system is the right to silence. This means that an accused person does not need to give evidence in their criminal trial.