Queensland Consolidated Acts

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HUMAN RIGHTS ACT 2019 - SECT 32

Rights in criminal proceedings

32 Rights in criminal proceedings

(1) A person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law.
(2) A person charged with a criminal offence is entitled without discrimination to the following minimum guarantees—
(a) to be informed promptly and in detail of the nature and reason for the charge in a language or, if necessary, a type of communication the person speaks or understands;
(b) to have adequate time and facilities to prepare the person’s defence and to communicate with a lawyer or advisor chosen by the person;
(c) to be tried without unreasonable delay;
(d) to be tried in person, and to defend themselves personally or through legal assistance chosen by the person or, if eligible, through legal aid;
(e) to be told, if the person does not have legal assistance, about the right, if eligible, to legal aid;
(f) to have legal aid provided if the interests of justice require it, without any costs payable by the person if the person is eligible for free legal aid under the Legal Aid Queensland Act 1997 ;
(g) to examine, or have examined, witnesses against the person;
(h) to obtain the attendance and examination of witnesses on the person’s behalf under the same conditions as witnesses for the prosecution;
(i) to have the free assistance of an interpreter if the person can not understand or speak English;
(j) to have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance;
(k) not to be compelled to testify against themselves or to confess guilt.
(3) A child 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) A person convicted of a criminal offence has the right to have the conviction and any sentence imposed in relation to it reviewed by a higher court in accordance with law.
(5) In this section—

"legal aid" means legal assistance given under the Legal Aid Queensland Act 1997 .



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