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7 Rights You Have When Charged with a Criminal Offence From the Human Rights Act 2004
Andrew Byrnes Law Group • Aug 14, 2022
The Human Rights Act 2004 is an Act of the Australian Capital Territory Legislative Assembly that recognises the fundamental human rights of individuals. It protects individuals who are charged with a criminal offence. This human rights act ensures that everyone has the right to a fair trial and that they are treated equally before the law. It also protects people from being detained without charge, and from being subjected to cruel and unusual treatment or punishment.
If you have been charged with a criminal offence, it is important to seek legal advice as soon as possible. An experienced criminal defence lawyer will be able to advise you of your rights under the Human Rights Act 2004.
What Are Human Rights and Who Are They For?
According to Part 2, the 2004 Act establishes human rights by linking civil, political, economic, social, and cultural rights. Human rights apply only to individuals.
What Are My Rights If I'm Charged with a Crime?
According to the Civil and Political Rights - Part 3 of the Human Rights Act 2004, these are the rights that you are entitled to if you are charged with a crime:
Section 18 - Right to Liberty and Security of Person
This section of the Act protects your right to liberty and the security of a person. This means that you can't be arrested or detained without a valid reason. If you are arrested, you have the right to be told why you've been arrested and to have access to a lawyer. If you're charged with a crime, you have the right to a fair trial.
Section 19 - Humane Treatment When Deprived of Liberty
Anyone deprived of liberty by arrest or detention is entitled to treatment in a manner that recognises the inherent dignity of the human person. An accused person should be segregated from convicted people and treated humanely. An accused person is presumed to be innocent until proven guilty according to law.
Section 20 - Children in the Criminal Process
The law says that if you are a child and have been charged with a crime, you must be treated fairly. The child should be segregated from the accused adults and must be brought to trial immediately. A child that has been accused must be treated like any other child of that age who has not been convicted.
Section 21 - Fair Trial
Everyone has the right to a fair trial. This includes the right to have your case heard and decided by a competent, independent and impartial court or tribunal after a fair and public hearing.
Section 22 - Rights in Criminal Proceedings
Everyone charged with a crime is entitled to be presumed innocent until proved guilty according to the law.
Anyone accused of a crime is entitled to the following minimum guarantees, in the same way, that everyone else:
- to be informed immediately and in detail about the nature and cause of the charge, in a language that he or she understands;
- to have enough time and resources to prepare his or her defence and consult with lawyers or advisors of his or her choosing;
- to be tried without undue delay;
- to stand trial in person and defend himself or herself, or through legal counsel chosen by him or her;
- to be informed, if he or she does not have legal aid, of his or her entitlement to legal assistance;
- to have legal aid provided to him or her if the interests of justice necessitate it, and to have the legal assistance provided without charge if he or she cannot afford to pay for it;
- to examine or have examined prosecution witnesses, as well as to obtain the presence and examination of witnesses on his or her behalf under the same terms as prosecution witnesses.
- to receive free interpreting aid if he or she does not comprehend or speak the language used in court;
- not being forced to testify against himself or herself or admit wrongdoing.
Section 23 - Compensation for Wrongful Conviction
This section applies if a person is charged with a criminal offence and: the charge is later withdrawn or dismissed, or the person is acquitted of the charge. If this happens, the person has the legal right to be compensated.
Section 24 - Right Not to Be Tried or Punished More Than Once
No one may be tried or punished again for an offence for which he or she has already been legally convicted or acquitted.
Application of Human Rights to Territory Laws
As much as possible, courts must interpret ACT laws in a way that is in line with the Human Rights Act (Section 30). The Supreme Court may make a "declaration of incompatibility" if it thinks that an ACT law goes against a human right. The declaration of incompatibility doesn't change the way the law works or who has rights or responsibilities (Section 32).
The Attorney-General must be given a copy of the declaration of incompatibility. The Attorney-General must then present to the Legislative Assembly the declaration of incompatibility and, within six months, give the Legislative Assembly response to it.
Either the Attorney-General or the Human Rights Commissioner can get involved in a court case where the Human Rights Act is being used.
Criminal Defence Lawyers at Andrew Byrnes Law Group
If you have been charged with a criminal offence, it is important to seek legal advice as soon as possible. Andrew Byrnes Law Group will provide you with experienced criminal lawyers who can advise you on your rights and how to assert them. We can also defend you at trial and help you appeal your conviction if necessary. Contact us today to schedule a consultation.
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