U3 3.1.3 - The rights of an accused

Question 1

What are the three main rights of an accused?

Answer 1

the right to trial without unreasonable delay, the right to silence, the right to a jury

Question 2

What is considered ‘reasonable’ in terms of a reasonable delay

Answer 2

reasonable depends on the complexity of the case and the legal issues involved

Question 3

define: the right to trial without unreasonable delay

Answer 3

An accused is entitled to have their charges heard in a timely manner, regardless or prior convictions or personal circumstances

Question 4

What are some things that may delay charges?

Answer 4

backlog in the justice system, gaining evidence

Question 5

define: right to silence

Answer 5

protections given to an accused person to not have to say or do anything. This includes: not answering any questions, not present a defence, not give evidence, not call a witness

Question 6

When is a defendant entitled to a jury?

Answer 6

a defendant has the right to a jury if: they are accused of committing an indictable offence, the accused pleads not guilty, the case is seen in a county or supreme court (trial division), the case is original (not an appeal)