Criminal law can be tricky and confusing especially when your freedom is at stake. That’s why knowing your rights and having a criminal lawyer on your side is key. At the heart of the Australian legal system is the principle that every person is entitled to fairness, justice and to be heard. At Bazzi Law we make sure those basic rights are upheld regardless of the situation. Let’s have a look at why you need to know your rights and how having a criminal lawyer by your side can keep you protected.
Presumption of Innocence
One of the basic principles of the Australian legal system is the presumption of innocence. Before any judgement is made, every accused person is innocent until proven guilty. This means the burden of proof is on the prosecution. They must prove beyond reasonable doubt that the accused committed the alleged offence.
Your Right to Silence
In Australia you have the right to remain silent during police interviews or when faced with charges. This means you don’t have to answer questions (beyond your name and address) or make a statement unless you want to. Often it’s a good idea to talk to your lawyer before making any comments so you don’t inadvertently waive your rights.
Legal Representation
Having a good criminal lawyer is not a right but a necessity. Your lawyer is the intermediary who explains the law to you, advises on the best course of action and represents you in court. At Bazzi Law we don’t just explain; we guide, defend and get the best result.
Right to a Fair Trial
Every person in Australia has the right to a fair trial. This means you have the right to be tried without delay, before an impartial court and with all the facilities to defend yourself. This also means a public trial unless the court decides otherwise in the interests of justice.
Bail
If you’re charged with an offence you may be eligible for bail which means being released from custody while awaiting trial or other outcomes. This depends on many factors including the nature of the offence, your history and the risks. A good lawyer can provide advice and representation in bail applications so you have the best chance of getting it.
Protection from Double Jeopardy
In Australia the principle of double jeopardy means you can’t be tried again for an offence for which you’ve already been acquitted. This right is crucial in maintaining the integrity of the judicial process and to stop individuals from being re-prosecuted indefinitely.
Minimum Rights in Criminal Proceedings
The Australian legal system provides the following minimum guarantees:
- To be told promptly and in detail of the charge against you
- To have sufficient time and facilities to prepare your case
- To be tried without delay
- To be tried in your presence
- To defend yourself or through your own chosen legal representation
Language Support in Criminal Cases
If you don’t speak or understand the language of the court you have the right to a free interpreter. This means you can participate fully in your defence and understand all the proceedings against you.
Special Protection for Minors
The Australian legal system recognises that children need special protection in criminal proceedings. This can include:
- Separate juvenile justice systems
- Consideration of the child’s age in sentencing
- Protection of the child’s privacy throughout the process
- Rehabilitation over punishment
Appealing Your Matter
If you think there was an error in your conviction or sentence you have the right to appeal. This process allows a higher court to review the decision in your case and overturn or vary it.
Protecting Yourself from Self-Incrimination
In addition to your right to silence you also have the right not to incriminate yourself. This means you can’t be forced to confess or to testify against yourself in criminal proceedings.
Preparation of Your Case
You have the right to sufficient time and facilities to prepare your case. This means access to documents and evidence and to communicate freely with your lawyer.
Questioning Witnesses in Your Case
As part of your right to a fair trial you or your lawyer have the right to cross examine witnesses against you and to call witnesses on your behalf under the same conditions as witnesses against you.
Protection from Retroactive Prosecution
You can’t be held guilty of any criminal offence for any act or omission that did not constitute a criminal offence at the time it was committed. This means you can’t be prosecuted for something that wasn’t illegal when you did it.
Compensation for Miscarriages of Justice
If you’ve been convicted of a criminal offence and suffered punishment as a result of that conviction and then your conviction is reversed or you’re pardoned because of a new or newly discovered fact that proves beyond reasonable doubt that there was a miscarriage of justice you shall be compensated as per the law.
Your Rights When Arrested by Police
If you’re arrested or detained by police you have:
- The right to be told why you’re being arrested
- The right to contact a lawyer and/or family member
- The right to medical attention if needed
- The right to be before a court as soon as possible
Conclusion
Knowing your rights is one thing but exercising and protecting them is where the hard work is. In the complex Australian legal system a skilled and dedicated criminal lawyer is your guide. At Bazzi Law we go beyond just legal representation. We believe in justice, the power of a strong defence and the protection of individual rights. Being charged with a crime is daunting but you’re not alone in the journey. Rely on the expertise, compassion and dedication of Bazzi Law to be with you every step of the way. For a personalised consultation and to have your rights defended with force contact us today. To learn more about your rights read our criminal law page.
