WHAT IS A FAIR TRIAL?

LETS SEE WHAT THE CONSTITUTION SAYS

RETRIEVED FROM HTTPS://WWW.CONSTITUTIONALCENTRE.WA.GOV.AU/DOCUMENTS/OUR%20CONSTITUTION%20-%20SECONDARY.PDF

Look at the bit about Citizens Rights.

FAIR TRIAL
In Australia, we believe that our legal processes protect the right
of every accused person to receive a fair trial a trial held
before a competent, independent and unbiased court recognised
by law.
Presumes that your side of the story would be listened to.
Expect that you would be provided with the opportunity to
contest any charges made against you.
The person listening to both sides would not favour either side.
And the not so fair trial = Wrongful Conviction
Defined as a conviction of a person accused of a crime which, in the
result of subsequent investigation, proves erroneous. Persons who
are in fact innocent but who have been wrongly convicted by a jury
or other court of law.
www.duhaime.org/LegalDictionary/W/WrongfulConviction.aspx

ELEMENTS OF A FAIR TRIAL

ELEMENTS OF A FAIR TRIAL

1.

Read the summary copy of the textbook on desk, and

summarise in dot points your element. Try to link how
the element makes the trial fair. 7 minutes.
Tables Purple, blue, green, orange, black and pink.

There are 6 elements. One per table. Each

table is a group of 4.

2.

Move groups, with one person from each group

1.Preliminary examination of evidence - purple

onto a new table. 15 minutes.

2.Right to legal representation - blue

Using your table mat - All seat 1s, to table purple.

3.Both sides have a role - green

2s to blue, 3s to green, 4s to orange.

4.Independent Judge - orange

5.Judge and jury have no prior knowledge of
the case - black
6.Strict procedures and rules of evidence pink

Table 5 and 6 position 1 -4 go to the table

number 1= purple etc. Take a seat.
- Share your findings being the expert for your

Task: 2 parts. You can choose your first group

but be prepared to move for the second group.

group. Note take for other groups findings.

-

Remember only dot points. Try to link how the

element makes the trial fair.

Remember how to do group work: Share and
agree to dot points. Each person needs to
3. If you finish you can make a start on the homework
make notes.
activity
One person talk at a time. Focus.
for the Jury Selection Flow Chart on your worksheet.
4. And then there is another activity..if you love this and

JURY SELECTION
There is a
procedure for a
trial in a higher
court with a
jury is shown in
figure 3.
Figure 3 page
72

HOMEWORK DIARIES.
Complete the Jury Selection flowchart on the Activity Sheet
Continue I-movie or equivalent Assessment Task

CONCLUSION
What did you learn about what is and is not a
fair trial ? and why might it be important?

ELEMENT 1: PRELIMINARY EXAMINATION OF EVIDENCE

When a person is charged with a criminal offence, he or she will be told to
attend a magistrates court.
Who remembers what sort of cases are considered in a Magistrates Court?
Minor offences and some serious cases.
Very serious cases to decide whether the accused person should be put on
trial in a higher court (District or Supreme Court).
This is a committal hearing.
Committal hearings guarantee a fair trial.
They allow an accused person to know the case against him or her.
They provide an opportunity for the accused person to gather evidence
and to test the evidence of the prosecution.

ELEMENT 2: RIGHT TO LEGAL REPRESENTATION

With a fair trial, everyone has the right to legal representation.
In certain cases, legal aid can be provided for people who cannot afford the
cost of hiring a lawyer (see section 3.4).

ELEMENT 3: BOTH SIDES HAVE A ROLE

The right to a fair trial means that everyone is entitled to be treated
equally by the court.
Both sides have the right to present their case.
The two opposing sides will gather evidence and present their case to an
independent judge or magistrate.
The side with the strongest argument is likely to win the trial.

ELEMENT 4: INDEPENDENT JUDGE

The judge is like the umpire in a game of football.
To make sure that both sides follow the rules.
Judges are independent, which means that they have no direct
involvement in questioning witnesses or deciding how either side will
present its arguments.
The judge makes sure that all the rules of evidence and procedure are
followed
The judge makes sure that both sides are treated equally.

ELEMENT 5:
JUDGE AND JURY HAVE NO PRIOR
KNOWLEDGE OF THE CASE

Neither judge nor jury should know anything about the case until the evidence
and arguments are presented in court.
Jurors must listen very carefully to the evidence given in a trial and make a
decision based only on that evidence and the law.
Jurors are not allowed to discuss the case with anyone else, even after the trial
has finished.
Any citizen who is listed on the electoral roll can be randomly summoned for
jury service.

ELEMENT 6:
STRICT PROCEDURES AND
RULES OF EVIDENCE

A fair trial:
Follows strict procedures that are designed to ensure that each side has an
equal opportunity to
present its own case
as well as challenge the evidence introduced by the other side.
Will observe strict rules for the type of evidence that can be looked at in court.

Evidence:
Witnesses can be asked to give evidence at a criminal trial if:
they are the victim of the crime,
they have direct information about the crime, or
they are an expert providing specialist opinion.
Expert witnesses might give evidence on topics such as whether a
written document matches the handwriting of the accused, or whether
the accused persons actions might have been influenced by things such
as mental illness or prescription drugs.

EXTENSION ACTIVITY

1. Complete the following to explain how each element contributes to a fair

trial. The first response has been done for you.
The use of committal hearings:
1. allows an accused person to understand the case against him or her
and
2. provides the opportunity to gather evidence and to test the evidence
of the prosecution.
Preliminary examination of evidence:
Right to legal representation:
Both sides have a role:
Independent Judge:
Judge and jury have no prior knowledge of the case Strict procedures and
rules of evidence:

EACH WITNESS MUST TAKE AN OATH OR AFFIRMATION

PROMISING TO TELL THE TRUTH.

EVIDENCE
Witnesses can be asked to give evidence at a criminal trial if:
they are the victim of the crime,
they have direct information about the crime, or
they are an expert providing specialist opinion.
Expert witnesses might give evidence on topics such as whether a written
document matches the handwriting of the accused, or whether the accused
persons actions might have been influenced by things such as mental illness or
prescription drugs.