The Rights of an Accused Flashcards
The right to be tried without unreasonable delay
The Victorian Charter of human rights (section 21 [5] ) states that a person charged with a criminal offence is entitled, without discrimination, to guarantee that he or she will be tried without unreasonable delay.
This means that an accused is entitled to have his or her charges heard in a timely manner, and that delays should only occur if they are considered reasonable.
This is because, under the HUMAN RIGHTS CHARTER, people have a right to liberty and security, and accused persons are presumed innocent until proven guilty
The right to a fair hearing
The Victorian Charter of human rights (section 24) entitles a person charged with a criminal offence to have the charge decided by a competent, independent and impartial court after a fair and public hearing.
This allows the accused to have his or her case heard by a qualified and experienced judge or magistrate; and ensures trail procedures are transparent and not hidden in secrecy
In some circumstances a court may exclude members of the media organisations or the general public from all or part of a hearing.
For example, the magistrates court has the power to make an order that proceedings are closed to the public if they will cause undue distress or embarrassment to a victim in a sexual offence case.
The right to trail by jury
For Victorian indictable offences, the CRIMINAL PROCEDURES ACT 2009 (VIC) requires a jury to be empaneled where the accused pleads not guilty to the indictable offence.
A trial by jury is where a persons peers within the community decide the outcome of the case - in a criminal case, whether or not the accused is guilty
The Jury System provides the opportunity for community participation in the legal process, and for the law to be applied according to community standards
