The Rights of an Accused (VCE SSCE Legal Studies): Flashcards
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Official name of Victorian Human Rights Charter
Official name of Victorian Human Rights Charter
Charter of Human Rights and Responsibilities Act 2006 (Vic)
Three essential rights for accused persons in Victoria
Three essential rights for accused persons in Victoria
Trial w/o delay, right to silence, right to jury trial
Who has rights under Human Rights Charter
Who has rights under Human Rights Charter
Natural persons (humans), not corporate entities/companies
Charter sections: right to trial w/o unreasonable delay
Charter sections: right to trial w/o unreasonable delay
Sections 25(2)(c) and 21(5)
Standard for bringing children to trial
Standard for bringing children to trial
As quickly as possible (stricter than 'w/o unreasonable delay')
Definition of 'adverse inferences'
Definition of 'adverse inferences'
Negative conclusions drawn from a person's actions/silence
Exception to the right to silence
Exception to the right to silence
Must provide name and address to police when requested
Number of jurors in a criminal trial
Number of jurors in a criminal trial
12 jurors (though up to 15 may be empanelled initially)
Types of offences with right to trial by jury
Types of offences with right to trial by jury
Indictable offences only (not summary offences)
Source of right to trial by jury
Source of right to trial by jury
NOT Human Rights Charter; Juries Act 2000 & Constitution s.80