Evaluation of the right to be tried without unreasonable delay
Students and teachers should note that sample answers to activities requiring student evaluation, such as this activity, will only be provided on this website for Chapter 1 questions. The intention is to provide students with an initial guide on how to approach these types of questions. It is then up to each student to complete evaluations contained within future chapters by manipulating the information contained in the relevant tables.
Question 1
Arguments in support of the right to be tried without unreasonable delay include:
- the courts oversee case management to ensure that unreasonable delays in proceedings do not occur
- reducing delays minimises the stress and uncertainty that an accused may face waiting for their criminal trial to conclude, improving access for people accused of a criminal offence
- the legal costs to the accused are likely to increase the longer a criminal proceeding continues – reducing delays enhances access for an accused by reducing the cost of their defence
- evidence is more likely to be reliable if a criminal trial is held quickly after the incident – this ensures fairness in the hearing
Arguments against the right to be tried without unreasonable delay include:
- if cases are brought to trial too hastily, there may be a risk that an accused person has not adequately prepared their defence – this can impact the fairness of a trial for the accused
- if an accused has not adequately prepared their defence, they may be susceptible to pleading guilty even though they have an arguable defence, which may lead to an unjust outcome
- for most accused, important decisions about the contestability of the case against them are being made in the pre-trial process (76 per cent of criminal cases resolved in guilty pleas in 2013-2014 in Victoria)
Question 2
The task word ‘evaluate’ require students to consider both sides of something, as well as express an opinion judging the relative strengths of the arguments. For example, a student might argue, based on evidence, that the right to be tried without unreasonable delay does achieve the principles of justice. In this case, ‘evaluating’ the ability of the rights of the accused to achieve the principles of justice requires students to write about relevant strengths and weaknesses.
An evaluation may include the following points:
The right to be tried without unreasonable delay
- The courts oversee case management to ensure that unreasonable delays in proceedings do not occur. Reducing delays minimises the stress and uncertainty that an accused may face waiting for their criminal trial to conclude, improving access for people accused of a criminal offence. The legal costs to the accused are likely to increase the longer a criminal proceeding continues – reducing delays enhances access for an accused by reducing the cost of their defence.
However, if cases are brought to trial too hastily, there may be a risk that an accused person has not adequately prepared their defence – this can impact the fairness of a trial for the accused
- Evidence is more likely to be reliable if a criminal trial is held quickly after the incident – this ensures fairness in the hearing.
However, if an accused has not adequately prepared their defence, they may be susceptible to pleading guilty even though they have an arguable defence, which may lead to an unjust outcome. For most accused, important decisions about the contestability of the case against them are being made in the pre-trial process (76 per cent of criminal cases resolved in guilty pleas in 2013-2014 in Victoria).