The Rigjts of The Accused

Question 1

The right to be tried without unreasonable delay

Answer 1

The right to be tried without unreasonable delay is upheld by the Victorian Charter of Human Rights (section 21 [5]) . States that a person charged with an indictable offence is entitled, without discrimination to guarantee that he or she will be tried without unreasonable delay.

That means that the accused is entitled to have his or her case 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 considered innocent until proven guilty.

Question 2

The right to a fair hearing

Answer 2

The right to a fair hearing is protected through
The Victorian human rights charter ( Section 24) as it entitles a person charged with a criminal offence to have the charge heard 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 enables public scrutiny to ensure transparency in the legal process and that procedures are not hidden in secrecy.

*however in some circumstances a court may exclude members of the public, from all or part of a hearing.

For eg sexual assault- to ensure no added distress to a victim etc

Question 3

The right to a trial by jury

Answer 3

For Victorian indictable offences the criminal procedures act 2009 requires a jury to be empaneled for an indictable offence where the accused pleads not guilty.

A trial by jury is where a persons peers in the community decide the outcome of the case Eg guilty not 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