1. The accused The accused – someone charged with or on trial for a crime
(Robin Michael)
The accused – someone charged with or on trial for a crime
If you were accused of murder, or any summary/indictable offence, what rights or safeguards would you want in place within the criminal justice system to protect you, the accused?
Note: Criminal justice system – just looking at investigative component (police) and adjudicative component (courts).

2. Safeguards to protect the accused
Exercise of police powers
Presumption of innocence
Bail
Preliminary proceedings
The right to silence
Double jeopardy
Principles of natural justice
Right of defendant in a trial by judge and jury
Disclosure by prosecution
Right to contest the admissibility of evidence

3. Natural Justice (procedural fairness)
For society to be satisfied with the outcomes of criminal cases, the outcomes must be fair and appropriate.
Natural justice is a common law principle that states people must be treated fairly.
It involves the right to be heard by an unbiased decision- maker.
People need to know the nature of any allegations made against them.
People should be given a fair chance to put their case or respond to allegations.
There should be an avenue to appeal a decision that has been made.

4. Natural Justice WordPress reading:
Principles of Natural Justice (Australian Legal System: Hot Topics)

5. Right to appeal
A person who has been convicted by a jury, or has pleaded guilty and been sentenced by a Supreme Court judge, has a right of appeal to the Court of Criminal Appeal.
The appeal must be made on one of the following grounds:
appeal against conviction on any ground which only involves a question of law,
appeal against conviction on any ground which involves a question of fact, or mixed law and fact, or some other sufficient ground of appeal,
appeal against the sentence passed

6. Court hierarchy in Tasmania (Criminal)
Magistrates Court Supreme Court Court of Criminal Appeal High Court

7. Right to appeal Court hierarchy handout Court system (WordPress)
Textbook reading (Blue edition):
Page
Page 329 (The definition of traffic lights – a point of law)
Page 338 – 341 (Federal courts)
Textbook reading (Red edition)
Page
311 (The definition of traffic lights – a point of law)
319 (Federal courts)

8. Right to appeal WordPress reading (contained in 1 document):
Appeals in the Supreme Court
Tasmanian Attorney-General announces plan to change criminal appeals law
Legal revamp may give Tasmania’s criminals more right to appeal convictions
Answer the following questions:
Q1: What is the current avenue available for a convicted person who has exhausted all appeal rights?
Q2: An additional grounds for appeal is being considered by the Tasmanian Government. Explain what it is.

9. Right to appeal Research the following cases: Tim Ellis case
Susan Neill-Fraser case
Investigate both cases and summarise their appeals including:
Facts of the case
On what grounds did they appealed (explain)
Which court/s they appealed to
What was the decision/s

10. The Right to Silence
The right to silence is the right of a suspect to say nothing in the face of police questioning and is justified as a protection from self-incrimination.
Read page 378 “Right to silence” (Blue edition)
Read page 414 “Right to remain silent” (Red edition)
WordPress readings:
Macquarie Law Journal
Right to silence (Tasmanian Law Handbook & article)
Anything you don’t say may be used against you

11. The Right to Silence Answer the following questions:
Macquarie Law Journal questions
1. Describe the two tiers of the right to silence
2. Explain how the right to silence leaves the burden of proof entirely with the prosecution.
3. In what situations does the right to silence not apply?
4. What reasons would an accused want to remain silent during the pre-trial setting and the trial?

12. The Right to Silence Answer the following questions:
“Anything you don’t say may be used against you” article
What changes have been made to the NSW right to silence legislation? How will this effect the accused?

13. Presumption of Innocence
The principle that a person is considered innocent until proven guilty:
A legal right of the accused
Burden of proof is on the prosecution to prove ‘beyond reasonable doubt’ that the accused is guilty. This burden is reversed if the accused uses a defence like insanity, self- defence etc.
The standard of proof is beyond reasonable doubt.
The presumption of innocence is contained in article 14(2) of the International Covenant on Civil and Political Rights (ICCPR).

14. Presumption of Innocence
WordPress reading:
Australian Criminal Justice (Findlay, Odgers, Yeo, 1998)
Q1: What does the reading say about the burden of proof on the defendant? How does this effect the presumption of innocence.
Prove your innocence: Abbott set to reverse onus of proof for home grown terrorists (Foreign Fighters Bill).
Q2: Explain how and why the new terrorism legislation are reversing the burden of proof.
Presumption of innocence (Attorney-General’s Department)
Q3: According to the UN Human Rights Committee, what is the scope of the right to the presumption of innocence?
Q4: What is the reverse onus provision?

15. Exercise of police powers
Police powers – legislation handout
What power do the police have to arrest, detain and charge suspects? (handout)
Safeguards to protect the accused (police procedures handout)
Police officer guest speaker
WordPress reading:
Going Further: Balancing the rights of individuals with police powers