Australian Capital Territory Numbered Acts

HUMAN RIGHTS ACT 2004 (NO. 5 OF 2004) - SECT 22

    (1)     Everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.

    (2)     Anyone charged with a criminal offence is entitled to the following minimum guarantees, equally with everyone else:

        (a)     to be told promptly and in detail, in a language that he or she understands, about the nature and reason for the charge;

        (b)     to have adequate time and facilities to prepare his or her defence and to communicate with lawyers or advisors chosen by him or her;

        (c)     to be tried without unreasonable delay;

        (d)     to be tried in person, and to defend himself or herself personally, or through legal assistance chosen by him or her;

        (e)     to be told, if he or she does not have legal assistance, about the right to legal assistance chosen by him or her;

        (f)     to have legal assistance provided to him or her, if the interests of justice require that the assistance be provided, and to have the legal assistance provided without payment if he or she cannot afford to pay for the assistance;

        (g)     to examine prosecution witnesses, or have them examined, and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as prosecution witnesses;

        (h)     to have the free assistance of an interpreter if he or she cannot understand or speak the language used in court;

              (i)     not to be compelled to testify against himself or herself or to confess guilt.

    (3)     A child who is charged with a criminal offence has the right to a procedure that takes account of the child's age and the desirability of promoting the child's rehabilitation.

    (4)     Anyone convicted of a criminal offence has the right to have the conviction and sentence reviewed by a higher court in accordance with law.