Criminal Law Article – Human Rights Protections in the ACT

The Right to Liberty and Security

Under the Act, no individual can be arbitrarily arrested or detained unless provided in an applicable law. At the time of arrest, detainees must know their reasons for arrest and any potential charges laid against them. Furthermore, those fighting criminal charges must immediately be brought before a judge or magistrate as soon as possible and have the right to be tried within a reasonable timeline. 

As a general rule, arrested individuals awaiting trial cannot be arbitrarily detained in custody—but of course this is subject to what is provided in the Bail Act 1992. An ACT court has discretion to decide whether an individual’s detention is lawful and can immediately order their release if it is not. Should the arrest and detention be unethical, individuals may have the right to compensation for their troubles. 

If an individual fails to carry out a contractual obligation, imprisonment is still completely off the table under the Act.



Humane Treatment Guidelines

Regardless of the circumstances, detainees have the right to humane treatment and respect whilst in custody. Outside of exceptional circumstances, arresting officers must separate detainees from convicted criminals. 

Detainees always have the right to a fair trial and criminal solicitor. Only competent, independent, and impartial courts may decide the detainee’s potential charges



Rights During Criminal Proceedings

As with any person before the justice system, detainees are presumed innocent until proven guilty according to law. Any individual charged with a criminal offence is entitled to:

• Knowing the nature and reasons for the charge, presented in a language that he or she understands
• Adequate time, resources, and representation when preparing for his or her defence
• A trial without reasonable delay and the ability to represent him or herself with the help of a chosen solicitor
• The rights to free legal assistance should he or she not be able to shoulder the costs
• A translator if he or she cannot speak the native language of the court
• Protections against being required to confessing guilt or having to testify against themselves



If the detainee is a child, the court must take into consideration their age and prioritise options for rehabilitation. If an individual is criminally convicted and sentenced, they may request to have the decision reviewed by a higher court.

Compensation for Wrongful Conviction

If exculpatory evidence means a person has been wrongfully convicted, they may be entitled to to compensation. However, if the non-disclosure of such evidence was the individual’s choice, the court may choose not to order compensation.

Once acquitted, an individual cannot face a trial for the same offence again or be punished twice for the same conduct.

If the individual’s conduct was not a criminal offence under Territory law at the time of the conduct, there are protections against being retrospectively found guilty of conduct that was not illegal at the time. 

Navigating a criminal offence is a daunting task without the right criminal lawyer. By getting to know the Human Rights Act 2004 and having a lawyer who knows the Act and its protections, you can better protect yourself and prepare the best possible defence.

By choosing Andrew Byrnes Law Group, we will fight fearlessly in your criminalcase and provide high quality, tailored advice from the moment you get in touch. Amongst the best criminal lawyers in Canberra, we can fight to get you the best possible result. Proudly serving Canberra, Queanbeyan, Goulburn, Yass, Wollongong, and surrounds, contact us today to find out more about how we can fight for your rights.