The Rights Of An Accused

Question 1

What are the three rights of an accused in the criminal justice system and their sources?

Answer 1

1. The right to be tried without unreasonable delay - source: Victorian Charter of Human Rights and Responsibilities
2. The right to a fair hearing - source: Victorian Charter of Human Rights and Responsibilities
3. The right to tried by jury - source: Australian Constitution (commonwealth indictable offences) and Criminal procedure act 2009 (victorian indictable offences)

Question 2

Describe the right to be tried without unreasonable delay

Answer 2

• Where an accused has the right to be tried without unreasonable delay. This means that an accused, has the right to have their trial in a timely manner.
• What is unreasonable and reasonable depends on the circumstances of the case
• This right is consistent with the presumption innocence; because if a person is presumed innocent they should not be held in custody/ remand for an unreasonable period of time

Question 3

Describe the right to be tried without unreasonable delay for accused children

Answer 3

• An accused child has the right to be tried as quickly as possible
• This is because children are more adversely to be affected by the impact of the trial - may be traumatising and intimidating.
• The prosecution must bring a child to trial more quickly than if the accused was an adult

Question 4

Describe the right to a fair hearing

Answer 4

• An accused has the right to have a charged against them by a competent, independent and impartial court of tribunal after a fair and public hearing
• Competent, independent and impartial court: This is because a criminal case myst be heard by a qualified judge or magistrate in an unbiased and objective manner; where they also have no connection with witnesses of the accused
• Fair trial: EG. the judge must adjourn the trial until the accused has been provided with legal aid
• Public hearing: the public (and the media) are able to observe court proceedings, and make sure that the accused’s trial is fair.

Question 5

Describe the right to a fair hearing where people can be excluded

Answer 5

• A law may authorise the court or tribunal to exclude people from the hearing. For example, sexual offence cases
• A trial must be held in public unless THE LAW authorises the court to exclude people from the hearing
• The accused cannot choose whether their trial is held in public or private. The right is intended to ensure that accused has a fair trial rather than protect them

Question 6

Describe the right to be tried by jury

Answer 6

• An accused has the right to be tried by a jury for a; commonwealth indictable offence (Australian Constitution) and victorian indictable offence (Criminal procedure act)

Question 7

What are three rights of victims?

Answer 7

1. Victim’s right to be informed about the proceedings
2. Victim’s right to be informed of release date of the accused
3. The right to alternative arrangements

Question 8

What is a victim?

Answer 8

• A victim is a person who has suffered directly or indirectly as a result of a crime.
• Victims are not parties in a criminal case
• The two sources are: Victim’s Charter Act 2006 (vic) and Criminal Procedure Act 2009 (vic)

Question 9

What are the three categories of people that can quality as victims?

Answer 9

• A person who has suffered injury (eg. physical injury, mental injury, trauma or loss/ damages to property) as a direct result of a criminal offence (the primary victim)
• Family members of the primary victim where the primary victim: has died, is under 18y/o, is mentally impaired
• Where a child is where 16 y/o and has been groomed for sexual conduct, the child and that child’s family members.

Question 10

Describe the right of victims to be informed about the proceedings

Answer 10

• Under the victim’s charter, the victim has the right to be given a range of information; investigatory agencies, prosecuting agencies and victim’s services agencies.

Question 11

What information do investigatory agencies give to the victims?

Answer 11

• Investigatory agencies investigate crimes. For example, the police
• The relevant investigatory agency must regularly inform the victim about the progress of an investigation into a criminal offence except to the extent it may jeopardise the investigation

Question 12

What information do prosecuting agencies give to the victims?

Answer 12

• Prosecuting agencies prosecutes crimes. For example, the Victorian Director of Public Prosecutions and The Police
• Prosecuting agencies must provide to victims the charges laid against the accused/ the reason why no charges have been laid, time and place of the hearing of the criminal proceedings, the outcome of the criminal proceedings, and any appeals.

Question 13

What are additional obligations do prosecuting agencies have?

Answer 13

• The relevant prosecuting agency must inform the victim of the outcome of any bail application by the accused and the conditions.
• Prosecuting agency. must inform the victims the court process, and their entitlement to attend court proceedings
• Relevant prosecuting agency must inform the victim of the trial/ hearing process,

Question 14

Describe the right to be informed of the release date of the accused

Answer 14

• A Victim of a criminal act of violence may request to be included on the victims register.
• Victims on the victims register must be informed about the offender’s length of sentence, their release on parole, their escape from prison, their likely release date and any post-release supervision orders.