The Rights of the Accused

Question 1

What are the three rights of the accused?

Answer 1

1. The right to be trialled without unreasonable delay
2. The right to have a fair hearing
3. The right to have a trial by jury

Question 2

What is the right to be trialled without unreasonable delay?

Answer 2

The accused is entitled to have their charges be heard in a timely manner. An delays should be reasonable

Question 3

How does the right to be trialled without unreasonable delay uphold fairness?

Answer 3

no delay allows for the evidence to be relevant

Question 4

How does the right to be trialled without unreasonable delay uphold equality?

Answer 4

every accused is entitled to this right regardless to previous convictions or personal attributes

Question 5

How does the right to be trialled without unreasonable delay uphold access?

Answer 5

Allows for accused to have access to the court

Question 6

How does the right to be trialled without unreasonable delay limit access?

Answer 6

Speeding up a case too much may result in not allowing the accused to get the required support

Question 7

What is the right to have a fair trial?

Answer 7

A person charged is entitled to have that charge decided by a competent, independent and impartial court

Question 8

How does the right to a fair trial uphold fairness?

Answer 8

• hearing must be public allows for scrutiny
• competent and independent court
• Impartial judge

Question 9

How does the right to a fair trial uphold equality?

Answer 9

impartial judge allowing for no bias on personal attributes

Question 10

What is the right to have a trial by jury?

Answer 10

A person charged with an indictable offence is entitled to be tried by their peers

Question 11

How does the right to have a trial by jury uphold fairness?

Answer 11

accused peers will decide the outcome

Question 12

How does the right to have a trial by jury limit fairness?

Answer 12

Juries are not legally trained so they may hold biases

Question 13

How does the right to have a trial by jury uphold equality?

Answer 13

• 12 jurors keep each other in check and reduce the likelihood of personal bias
• Jurors have no connection to the accused

Question 14

How does the right to have a trial by jury limit equality?

Answer 14

• limited right as in the constitution it only states for commonwealth indictable offences
• No jury for summary offences, therefore not all accused are treated equal