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legal ch 3.4
u3 aos1 criminal justice system
| Term | Definition |
|---|---|
| Human Rights Charter | aim is to protect and promote human rights, Designed to ensure than any statute passed by Parliament is compatible w human rights |
| International treaty | legally binding agreement between intergovernmental organisations where they follow set obligations and include them in their local laws |
| The right to be tried without unreasonable delay | entitled to be heard and tried in a timely manner |
| examples of reasonable delays | if prosecution needed more time to prepare a heavy case |
| examples of unreasonable delays | if prosecution needed more time to prepare for a summary offence |
| Some options available as remedies include | Permanent stay of proceedings, costs order, release on bail or relaxation of bail conditions, credit for time se4rved, A declaration of unreasonable delay |
| The right to a fair hearing | Have the charge decided by a competent, independent and impartial court after a fair and public hearing |
| statute for right to a fair hearing | S24 of Human Rights Charter 2006 (Vic) |
| statute for right to trial wo unreas delay | s21(5) of Human Rights Charter 2006 (Vic) |
| part 1 to right to fair hearing | A competent, independent and impartial court should decide the charge as well as a qualified and experienced judge to hear the case. |
| part 2 to right to fair hearin | A hearing must be fair and public to ensure transparency and allow for media scrutiny in the process |
| The right to a trial by jury | the accused's peers within the community can decide the outcome of the case. |
| statute for right to trial by jury | S80 of Commonwealth of Australia Constitution Act 1900 [UK], Only for indictable, Commonwealth offences |
| why might you need a closed trial | due to the nature of the case (e.g. distressful - sexual assault, high profile - amber heard, media), could distort info needed for evidence |
| how does right to truial by jury uphold equality | principle of equality is upheld by the use of a judge and jury in court in an indictable offence. everyone deserves an unbiased trial. Juries are unbiased members of society responsible for making a decision on the outcome of a case. |
| problems w jury | 18 year olds can be jurors, Social media can lead to biases e.g. depp v heard, Jurors don’t have to give a reason to justify why they made that decision (Questions transparency therefore is it fair) |
| statutes for right to trial by juury | Criminal Procedures Act 2009 (Vic) |
| statutes for right to trial by juury | Juries Act 2000 (Vic) |
Created by:
pg0612345
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