Lesson 30: Rights of the Accused Flashcards
(9 cards)
Right to Silence
(Definition and Legislation)
Entitlement whereby the accused does not have to say or do anything when being charged with an offence
Legislation: The Evidence Act 2008
Right to Silence
(How it is Guaranteed)
Accused can refuse to answer any questions, cannot be forced to give evidence, does not have to file a defence or call a particular witness
Right to Silence
(Why is it important)
Reinforces the burden of proof, ensures an accused is able to refrain from making such statements that could lead to self incrimination
Right to Trial without Delay
(Definition and Legislation)
Person charged with criminal offence is entitled to a guarantee that they will be tried without unreasonable delay
Legislation: Charter of Human Rights and Responsibilities Act 2006 (Vic)
Right to Trial without Delay
(How it is Guaranteed)
Given a time period of which the trial must be in
Right to Trial without Delay
(Why is it important)
Key aspects of the offence may be forgotten, upcoming trial may cause stress on the accused, if shown on media, hard to find 12 jury members without prior opinions, long delays can increase legal costs
Right to Trial by Jury
(Definition and Legislation)
Refers to the entitlement that, should an accused plead not guilty to an indictable offence, their guilt must be determined by a group of 12 ‘peers’ rather than a judge alone
Legislation: Juries act 2000 (Vic) - requires a jury of 12, Criminal Procedures Act 2009 (Vic) - provisions for jury employment
CW: Section80 of Australian Constitution
Right to Trial by Jury
(How it is Guaranteed)
Embedded in the Australian Constitution
Right to Trial by Jury
(Why is it important)
Provides accused with unbiased decision making in criminal cases, using jury means lawyers use clear, plain English instead of legal jargon, unanimous verdict required to be found guilty
