13.5.1
Main elements of a fair trial
Fair and equal treatment for all
SkillBuilder discussion Evaluating democratic institutions and systems 1. What are the key parts of a fair trial? 2. How does a judge ensure fairness? 3. Why is evidence important in a trial?
In Australia, we believe everyone deserves a fair trial. If accused of a crime, you would expect that you would have the chance to share your side. You would want a judge who listens to both sides fairly. Main elements of a fair trial The main elements of a fair trial are summarised in FIGURE2 . Let us now look at each element in more detail.
FIGURE2 Main elements of a fair trial
Everyone has the right to be represented by a lawyer.
The use of committal hearings allows the Magistrates Court to determine if a case should move to a higher court.
The judge has no direct involvement in questioning witnesses or deciding how both sides present their arguments.
Right to legal representation
Preliminary examination of evidence
Independent judge
Main elements of a fair trial
A public hearing
Unless there is a good reason, a criminal trial should be a public hearing.
Strict procedures and rules of evidence
Judge and jury have no prior knowledge of the case
The judge makes sure that all procedures and rules of evidence are followed strictly.
The judge and jury should not know anything about the case until the evidence and arguments are presented in court.
494 Jacaranda Humanities Alive 7 Victorian Curriculum Third Edition
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