A person accused of a criminal offence has legal rights to ensure fair treatment throughout the process.

Fair trial rights

A criminal defendant has the right to:

  • a fair and public hearing
  • an independent and impartial Judge
  • be presumed innocent until proven guilty

Information and participation

You have the right to:

  • be informed of the accusation against you
  • present evidence and arguments
  • respond to evidence presented by others

Representation

You may:

  • represent yourself, or
  • appoint a legal representative

Protection during proceedings

You must not be:

  • arbitrarily arrested, detained or punished
  • subjected to improper pressure or interference

For protections relating to others involved in the case, see ‘Rights and protections for victims, witnesses and vulnerable people’.

Additional information

  • The Court ensures proceedings are conducted fairly
  • Decisions are based on evidence presented
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