A Constitutional Right to a Fair Trial? Implications for the Reform of the Australian Criminal Justice System

1996 ◽  
Vol 24 (1) ◽  
pp. 173-199 ◽  
Author(s):  
Janet Hope
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Fair Trial ◽  
Constitutional Right

scholarly journals INSTRUMENTI ZAŠTITE PROCESNIH PRAVA OBRANE U ISTRAZI PREMA ZAKONU O KAZNENOM POSTUPKU BOSNE I HERCEGOVINE

2021 ◽  
Vol 37 (2) ◽  
pp. 167-187
Author(s):  
Maja Pilić ◽  
Zdravko Rajić
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Bosnia And Herzegovina ◽  
Justice System ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection ◽  
Procedural Rights

With the entry into force of the Criminal Procedure Code of Bosnia and Herzegovina, the roles of the prosecutor and the court have been changed significantly compared to the earlier legislation, especially in the investigative procedure. According to the existing normative framework, the role of the court in the investigation is much more passive since at this stage of the procedure the court does not control the merits of conducting the investigation. The mixed accusatorial concept of investigation as the one existing in the criminal justice system of Bosnia and Herzegovina has led to certain restrictions on the rights of the defence in investigation. Investigation is an important stage in criminal proceedings that is conducted for evidence and data collecting necessary to decide whether to file an indictment or discontinue the proceedings, as well as for evidence that can be presented at the main hearing and upon which the judgment is rendered. It is therefore necessary to ensure that a proper and lawful investigation is conducted. This means to make sure that all parties involved in the investigation, especially defence are treated in a fair manner. The right to defence is a fundamental human and constitutional right guaranteed by international conventions. The right to defence results in several individual rights enjoyed by suspects in preliminary proceedings. In order to ensure effective judicial protection of the rights of the suspects, the paper analyses the domestic criminal justice system and presents comparative legal solutions regarding the protection of procedural rights of the defence in investigation. The fundamental issues in analysing regulatory framework in Bosnia and Herzegovina are the lack of effective judicial protection of procedural rights of the defence, the absence of an effective legal remedy to conduct an investigation facilitating the principle of a fair trial for defence and the principle of equality of arms in pre-trial proceedings. In addition, the paper analyses the issue of informing the suspect of an order for investigation, since according to applicable regulations, the suspect does not even need to know about an investigation conducted against him, which is a violation of the principle of right to a fair trial.

Part V Rights and Freedoms, B Rights and Freedoms under the Charter, Ch.38 The Charter and Criminal Justice

2017 ◽  
Author(s):  
Stuart Don
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Fair Trial ◽  
Law And Order ◽  
Judicial Interpretation ◽  
Canadian Charter ◽  
Police Powers ◽  
Substantive Law

This chapter analyses the pervasive impact of the Charter on the Canadian criminal justice system. Active judicial interpretation of Charter rights has put in place distinctive constitutional standards of substantive law, including those of fault, and struck down oppressive laws for arbitrariness and overbreadth. Also examined are new standards for police powers to stop, search, detain and interrogate, fair trial rights such as the duty of full Crown disclosure, and for assessing mandatory minimum sentences. This chapter describes and welcomes a robust exclusionary discretion for evidence obtained in violation of the Charter. It is suggested that the Canadian Charter standards are no panacea and are sometimes too weak but that they have often provided a welcome balance to the expedient lure of law-and-order politics.

scholarly journals The ‘Equality Of Arms’ In Macedonian Criminal Procedure

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 123-130
Author(s):  
Olga Kosevaliska
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Case Studies ◽  
Justice System ◽  
Criminal Procedure ◽  
Core Values ◽  
Fair Trial ◽  
Public Hearing ◽  
The Core ◽  
The Right

Abstract The right to a fair trial is implemented in our criminal procedure and is one of the core values of our criminal justice system. This right is absolute and can’t be limited on any legal base. Its essence is fair and public hearing by an independent and impartial court with guaranteeing of all the minimum rights of the defendant. One of those minimum rights is the right of equity of arms between the parties, the prosecutor and the defense. In our Law on Criminal Procedure, it is provided that the defense has the same rights and duties as the prosecutor except those rights that belong to the prosecutor as a state authority. Therefore, the purpose of this article is elaborating the right of ‘equity of arms’ and its misunderstanding in practice. Hence, we intend to show some case studies in which some evidence are not considered by the court just because they are not proposed by the prosecutor and they are crucial for the verdict.

Communication of an interpreter and fair trial under Nigerian criminal justice system

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
C. Ogwezzy Michael
Keyword(s):  
Criminal Justice ◽  
Federal Republic ◽  
Criminal Justice System ◽  
Justice System ◽  
English Language ◽  
Fair Trial ◽  
Official Language ◽  
Criminal Matter ◽  
Criminal Matters

AbstractIt is established that certain constitutional safeguards are enshrined in the Constitution of the Federal Republic of Nigeria, 1999 to ensure the fair trial of accused persons in criminal matters. A breach of any of the constitutional safeguards will vitiate a trial and may consequently nullify the entire proceeding depending on the degree of breach. It is argued in this paper that, English language is the official language of all the courts in Nigeria and if the language is not understood by the accused person standing trial in a criminal matter, an interpreter should be provided, failure upon that, their right to a fair trial would have been breached. Though t

Extradition Law and Procedure in Pakistan: An Appraisal of the Extradition Act 1972

2021 ◽  
Vol 3 (1) ◽  
pp. 11-18
Author(s):  
Syed Wajdan Rafay Bukhari ◽  
Dr Aamir Abbas ◽  
Keyword(s):  
Criminal Justice ◽  
Special Reference ◽  
Criminal Justice System ◽  
Justice System ◽  
International Criminal ◽  
Fair Trial ◽  
International Criminal Justice ◽  
The Law

This article analyses the law and procedure of extradition in Pakistan with special reference to Extradition Act 1972. Extradition is a surrender of an accused or convicted person from one state to other state on its request. It is also considered as a system by which one state delivers an accused person to another state on her demand. Moreover, extradition is also used as a tool and considered to be one of the stages to secure international criminal justice system. Furthermore, the focus of the study is to discuss the interpretation of Extradition Act 1972 by the superior courts in their decisions. This study reveals that there are some lacunas in Extradition Act 1972 i.e., there is no provision which safeguards the fugitive offenders from cruel, torture and other inhumane treatment in the requesting state, it does not guarantee the fair trial of the offender in demanding state, additionally, this Act does not provide any right of appeal against the order of surrender. Resultantly, this paper finds that Extradition Act 1972 provide less safeguard to the fugitive offender and did not guarantee the fair trial in the requesting state.

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