Avoiding injustices and abuses of power
A trial is where evidence from both sides to a legal dispute is heard by a judge or jury in a court of law to understand the facts of a case and issues of law. This information is then used to create legal solutions (outcomes) to disputes before the law.
A fair trial is structured to protect innocent people from being convicted of crime and unfairly losing other important rights like freedom, property, and reputation. Being wrongly found guilty is a serious injustice. A fair trial also help people trust the legal system by showing that it works openly and fairly, avoiding injustice and abuses of power. This fairness then in turn creates and maintains social cohesion.
Elements of a fair trial are long established fundamental human rights, many stemming
from the Magna Carta in 1215 and protected through common and statute Law. In the
Australian High Court case Dietrich v The Queen, a fair trial before the court was described as being ‘fundamental to our system of criminal justice’. They are also recognised in international law under article 14 of the International Covenant on Civil and Political Rights (ICCPR) which lists the elements of a fair trial
Independent Judiciary
An independent judiciary is essential to ensuring fair trials in Australia. Judicial independence is a cornerstone of English law, with its roots in the Magna Carta. One of its lasting legacies was the promise that “to no one will we sell, to no one deny or delay right or justice.” This principle has since been embedded in common law, incorporated into Australia’s Constitution, and reinforced by international human rights obligations.
Under the principle of the separation of powers in the Constitution, judges are independent of the government. They base their decisions on the law and the evidence before them, free from external pressures, such as political pressure, media or public opinion.
This independence also upholds the rule of law by creating a set of principles that judges follow when resolving disputes, so their decisions are impartial, based solely on the facts of the case and applicable laws- and not on the whim or personal opinions of the judge. These laws include those that principles that govern the trial process and evidence.
An independent judiciary upholds public
confidence in the justice system, which depends on the belief that courts are impartial and free from external influence. This ensures that justice is not only done but is “seen to be done.”
Principles
A fair trial is a fundamental aspect of the rule of law, ensuring everyone is treated equally before the law and courts. Lord Bingham, a senior English judge, defined the principles of a fair trial as being:
– people accused of crimes or involved in a civil dispute should properly understand the claims made against them
-that accused persons should be innocent until proven guilty by the evidence presented in a court (presumption of innocence)
– a decision should not be made in a case unless the defendant has had a satisfactory opportunity for their case to be heard
– the person making accusations must disclose (share) the evidence with the defendant that they have to support their claim so that they have full knowledge of the case being made against them. Accused persons also have the right to examine witnesses
– where an accused cannot afford legal
representation, the state should provide legal representation to ensure that their case and rights are properly represented in the court
– that an accused person should have adequate time to prepare their defence case so that they can address the claims made against them
Presumption of Innocence
The principle of the presumption of
innocence is a key aspect in maintaining fairness in the trial process. It is based on the idea that it is better for one guilty person to go free than an innocent person be wrongly
convicted. This principle is especially important when a person’s freedom or livelihood is at stake, as it prioritises the protection of the rights of all accused persons.
It underpins the burden of proof in criminal trials, requiring the prosecution to prove the accused’s guilt beyond a reasonable doubt
(which is the standard or level of proof required to make a finding of guilt). Therefore, anyone accused of a crime in
Australia is considered innocent until proven guilty and is not obliged to assist the prosecution establish a case against themselves.
The presumption of innocence ensures that individuals are not punished solely based on an accusation, before a decision has even been made by the Courts. It also acts to protect the accused from being pressured or
tortured to obtain self-incriminating testimony.
Furthermore, it guarantees equal legal rights and access to justice, even when the accuser has more financial resources or influence.
