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Elements Of A Fair Trial In Australia

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A Fair Trial
What would you think if the judge was biased? Maybe, if you had no right to a lawyer. The Australian Legal System states that whatever the situation there must be a fair trial. We must have this fair trial so that falsely accused people do not have a prison sentence and so that everyone in the courtroom is treated fairly. There are several elements but this essay will have three which are, the independent judge, the right to legal representation and both sides having a role.

Firstly, the judge must be independent and must not be biased. This happens because the judge is not allowed to ask questions to witnesses unless it is to clarify points. The judge’s main job is to give the sentence and make sure that the trial is fair. This contributes to a fair trial as an independent judge will not affect the jury’s decision and if the judge asks a question to a witness that is not to clarify a point. New evidence will be revealed and will affect the jury’s decision and will either be unfair towards the defence, accused or the prosecution. Without this element in place, the judge will affect the jury’s decision and therefore, be unfair towards the sides. This is one of the elements that contribute to a fair trial. …show more content…

Legal representation is the services done by a legal practitioner like a lawyer, that deals with legal matters on behalf of the person who hired them. When someone is accused they must be able to get a lawyer or legal aid. This contributes to a fair trial because legal representation helps the accused as normally, they cannot defend themselves. Without this element in place, it would be unfair towards the accused. This second element contributes to a fair

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