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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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