1. The Rights of an Accused

2. The Rights of An Accused
The right to be tried without unreasonable delay
The Criminal Procedure Act 2009 (Vic) creates time limits for the start of trials.
If an accused is charged with a sexual offence the trial must commence within 3 months from the day on which the person is committed for trial.
If charged with an offence other than a sexual offence, the trial must start within 12 months.

3. The Rights of An Accused
The right to a fair and unbiased hearing
Pre-trial procedures
Bail
Trial

4. Criminal Pre-Trial Procedures
Procedures that occur before a trial commences in a criminal case in the County or Supreme Court
Purposes of criminal pre-trial procedures include
protect the rights of the accused
provide rights to the police
provide an opportunity for the accused to be released pending trial
clarify issues
determine whether a trial should proceed
determine if the accused wishes to plead guilty or not guilty
Types of criminal pre-trial procedures
Bail
Remand
Committal hearings
Directions Hearing
Once a person has been brought into custody, the alternatives for future dealings are that the person is :
released – the police can release a person without charging him or her with a crime
given a cautioning notice on the condition that they will be of good behaviour for the next fiveyears – for first-time offenders involved in minor offences. The offender must admit to the crime,co-offenders must be identified and the crime should involve no more than five incidents. If afurther crime is committed within five years, the offender goes to court and the caution note istreated as a prior conviction
released pending summons – the suspect can be released pending the charge and summonsbeing served on the suspect at a later date, telling him or her which court to attend and the time ofthe hearing
charged and released on bail
remanded – charged and brought before the Magistrates’ Court for a remand application. Thecourt will decide if the suspect is to be remanded or given bail, alternatively, a bail justice can becalled. The bail justice will conduct a hearing and decide if the suspect should be remanded orallowed bail.

5. Strengths of pre-trial procedures
Bail
Upholds rights of accused
Presumes an accused person is entitled to bail
Can be granted with conditions (balance of rights and protection of society)
Avoids exposure to influences of prison
Remand
Ensures justice can be done
Protects society
Ensures witnesses are protected and evidence not impeded
Committal hearings
Save time and resources
Accused is informed of prosecution’s case
Support notion that accused is innocent until proven guilty
Charges may be withdrawn or combined – helps achieve a fairer trial and save time

6. Weaknesses of pre-trial procedures
Bail
Risk that the accused absconds
Risk that the accused will reoffend or cause harm to society
Accused may try to talk to witnesses, damage evidence or obstruct justice
Bail process is very complicated, time-consuming and stressful
Remand
Does not uphold notion that the accused is innocent until proven guilty
Exposure to jail – risk of reoffending
Expensive
Committal hearings
Process is extremely complicated and expensive
Can add to delays
Can be stressful and inconvenient for many parties
Could be considered unnecessary for stronger cases

7. Bail Accused released from custody after being charged
Must appear in court at a later date
May be granted at various stages
Most are granted bail and released on their own undertaking (a promise to appear in court when required)
May be released if a surety promises to pay a sum of money
Can be granted by:
a police officer at the station when a person is charged
a magistrate at a bail hearing in the Magistrates’ Court
an honorary justice (formerly known as a bail justice)

8. Conditions that could be imposed along with undertaking or surety
Reporting to a police station
Residing at a particular address
Submitting to a curfew
Not contacting specified persons or classes of persons
Surrender of passport
Not drive a motor vehicle or carry passengers when driving
Specifying locations or zones that the accused must not visit
Purpose of bail
Allow an accused person to go free until the hearing or trial
Allows time out of custody to prepare case
Upholds presumption of innocence

9. Remand
If not on bail, accused is held on remand – kept in custody until trial
Time on remand if person found guilty may be deducted from prison sentence
Purpose
Protect the community
Ensure the accused will be at the next hearing
Prevents interference with witnesses or obstructing the course of justice

10. The right to silence

11. Police Caution
I must inform you that you are not obliged to say or do anything, but anything you say or do may be given in evidence. Do you understand that? I must also inform you of the following rights; You may communicate with or attempt to communicate with a friend or a relative to inform that person of your whereabouts. You may communicate with or attempt to communicate with a legal practitioner. If you are not a citizen or permanent resident of Australia, you may communicate with or attempt to communicate with the consular office of the country of which you are a citizen.

12. Police Investigation
While the police will investigate most crimes, not all crimes will be prosecuted. Depending on:
The amount of evidence obtained to support a conviction
The willingness of witnesses to cooperate with investigations
The nature and seriousness of the offence
The age of the offender/s
The offender’s previous criminal history.

13. Police Questioning The right to remain silent
Police can ask for a name and address
Searches
With a warrant
Must prove they have reasonable grounds to believe that they will find stolen goods/goods that may be evidence/goods may be used in a crime/evidence
Without a warrant
If they believe a person is carrying illegal drugs, stolen goods, firearms or offensive weapons. Can also search anything the person is carrying and their car.
Fingerprints
Finger, palm, toe and sole prints
Destroyed if not charged within 6 months – must be informed
Videotaped – copy
10-14 parent or guardian present or order from Children’s Court.
Body Samples and DNA
Person under the age of 10 cannot be forced to give a blood sample
10-17 under order of Children’s Court

14. Police Interview

15. The Rights of an Accused cont …
The right to trial by jury