Victorian Consolidated Legislation

Charter of Human Rights and Responsibilities Act 2006 - SECT 25

Rights in criminal proceedings

25. Rights in criminal proceedings



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

(2) A person charged with a criminal offence is entitled without
discrimination to the following minimum guarantees-

   (a)  to be informed promptly and in detail of the nature and reason for the
        charge in a language or, if necessary, a type of communication that he
        or she speaks or understands; and

   (b)  to have adequate time and facilities to prepare his or her defence and
        to communicate with a lawyer or advisor chosen by him or her; and

   (c)  to be tried without unreasonable delay; and

   (d)  to be tried in person, and to defend himself or herself personally or
        through legal assistance chosen by him or her or, if eligible, through
        legal aid provided by Victoria Legal Aid under the Legal Aid Act 1978;
        and

   (e)  to be told, if he or she does not have legal assistance, about the
        right, if eligible, to legal aid under the Legal Aid Act 1978; and

   (f)  to have legal aid provided if the interests of justice require it,
        without any costs payable by him or her if he or she meets the
        eligibility criteria set out in the Legal Aid Act 1978; and

   (g)  to examine, or have examined, witnesses against him or her, unless
        otherwise provided for by law; and

   (h)  to obtain the attendance and examination of witnesses on his or her
        behalf under the same conditions as witnesses for the prosecution; and

        (i)    to have the free assistance of an interpreter if he or she
               cannot understand or speak English; and

   (j)  to have the free assistance of assistants and specialised
        communication tools and technology if he or she has communication or
        speech difficulties that require such assistance; and

   (k)  not to be compelled to testify against himself or herself or to
        confess guilt.

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

(4) Any person convicted of a criminal offence has the right to have the
conviction and any sentence imposed in respect of it reviewed by a higher
court in accordance with law.