Rights of the Accused

Question 1

What are the rights of the accused + a brief summary

Answer 1

The right to be tried without unreasonable delay (accused persons will be tried within a reasonable timeframe)

The right to a fair hearing (charges heard by a competent, independent and impartial court in the eyes of the public)

The right to trial by jury (case heard by a jury for indictable offences)

Question 2

The right to be tried without unreasonable delay POJs

Answer 2

Fairness - accused persons do not have to suffer
Equality - Everyone gets this
Access - Backlogs get cleared for greater access

Question 3

The right to a fair hearing POJs

Answer 3

Fairness - decisions based on facts
Equality - everyone gets the same fundamental rules
Access - No fear of unjust treatment for greater use

Question 4

The right to trial by jury POJs

Answer 4

Fairness - Independent decision makers
Equality - Everyone gets this
Access - Ensures the use of plain English for greater access

Question 5

Elements of right to be tried without unreasonable delay

Answer 5

1. Everyone gets this right
2. Delays should only occur due to reasons (complexity, backlog)
3. Accused has cases heard in a timely manner (3m sexual indictable, 12m summary + indictable)

Question 6

Elements of the right to a fair hearing

Answer 6

1. Hearing is in public
2. Natural justice is upheld
3. Cases are heard by a competent, independent and impartial courtroom