Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HUMAN RIGHTS ACT 2004 - SECT 22

Rights in criminal proceedings

    (1)     Everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.

    (2)     Anyone charged with a criminal offence is entitled to the following minimum guarantees, equally with everyone else:

        (a)     to be told promptly and in detail, in a language that they understand, about the nature and reason for the charge;

        (b)     to have adequate time and facilities to prepare their defence and to communicate with lawyers or advisors chosen by them;

        (c)     to be tried without delay;

        (d)     to be tried in person, and to defend themselves personally, or through legal assistance chosen by them;

        (e)     to be told, if they do not have legal assistance, about the right to legal assistance chosen by them;

        (f)     to have legal assistance provided to them, if the interests of justice require that the assistance be provided, and to have the legal assistance provided without payment if they cannot afford to pay for the assistance;

        (g)     to examine prosecution witnesses, or have them examined, and to obtain the attendance and examination of witnesses on their behalf under the same conditions as prosecution witnesses;

        (h)     to have the free assistance of an interpreter if they cannot understand or speak the language used in court;

              (i)     not to be compelled to testify against themselves or to confess guilt.

    (3)     A child who is charged with a criminal offence has the right to a procedure that takes account of the child's age and the desirability of promoting the child's rehabilitation.

    (4)     Anyone convicted of a criminal offence has the right to have the conviction and sentence reviewed by a higher court in accordance with law.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback