Rights Of The Accused Flashcards
What are the four rights of an accused individual ? and in which act can they be found?
- The right to be tried without unreasonable delay
- The right to silence
- The right to trial by jury
- The right to a fair hearing
These rights are found in the charter of human rights and responsibilities act
What is the right to be tried without unreasonable delay ?
The right to be tried without unreasonable delay means that an accused must have there case heard within a timely manner without unnecessary delay.
Acceptable delays include;
-Long court backlogs
-A lack of proper evidence
-Multiple witnesses or lack of
-Multiple crime scenes
(found in the chapter of human rights and responsibilities act)
What is the right to silence ?
The right to silence is the legal right that allows an accused individual to not answer any questions in regards to the investigation apart from their name and address. This enures an accused individual does not incriminate themselves.
(Found in the evidence act)
What is the right to trial by jury?
The right to trial by jury is the right that allows all individuals accused of an indictable offence to have their case heard by a jury of 12 made of a random selection of society who fit the criteria. (unless pleaded guilty)
(Found in section 80 of the Aus constitution.
Right to a fair trial
A person has the right to have their case heard before a competent, impartial and independent court and adjudicator
How does the right to be tried without unreasonable delay uphold the principles of justice ?
Fairness- is upheld by ensuring a timely resolution of a case to ensure no bias is created
Access-It ensures people have access to a timely trial.
Equality- Is upheld by ensuring everyone has the right to have their case heard in a timely manner regardless of personal characteristic.
How does the right to trial by jury uphold the principles of justice?
Fairness- is upheld by having a jury made up from a random selection of piers within society to give a guilty or not guilty verdict, promoting impartiality
Access- is upheld by giving all victims accused of an indictable offence the right to trial by jury.
Equality- Is upheld by ensuring a jury does not use any personal characteristics such as race of gender to determine guilt
How does the right to silence uphold the principles of justice ?
Fairness- Is upheld by not allowing a judge and jury to use the right to silence as an admission of guilt, rather a judge and jury must remain impartial and not take these factors into consideration.
Access- is upheld by promoting the use of lawyers which can be provided if the accused meets the criterion.
Equality- is upheld by allowing all individuals the right to silence. Meaning anyone regardless of any personal characteristics is given the right.
How does the right to a fair trial uphold the principles of justice ?
Fairness- is protected by ensuring strict rules of evidence and procedure are followed as well as having an open process promoting impartiality.
Access- is promoted by providing those who meet the specific criteria with legal representation to represent them, promoting a fair trial due to equal representation.
Equality- is protected due to the fact all accused individuals have the right to a fair trial with equal treatment.
