1.4 procedural fairness and the rule of law

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Information about 1.4 procedural fairness and the rule of law
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Published on February 16, 2014

Author: alisawilliams

Source: slideshare.net

PROCEDURAL FAIRNESS AND THE RULE OF LAW

THE PRINCIPALS OF NATURAL JUSTICE

‘NATURAL JUSTICE’ – THE RIGHT: of a person to participate in legal proceedings involving them  of the accused to know the accusation made against them  of the defendant (the accused) to have a hearing and present evidence  to have a matter heard before a court which is free from bias  to test the evidence presented in a case (crossexamination)  of the accused to not have previous criminal convictions or accusations brought up during the trial 

Explain why the defendant must know exactly what they are accused of

Outline the concept of cross examination.

 JUSTICE BE DONE; IT MUST ALSO BE SEEN TO  R v Sussex Justices, Ex parte McCarthy [1924] In 1923 McCarthy, a motorcyclist, was involved in a road accident which resulted in his prosecution before a Magistrates Court for dangerous driving. Unknown to the Defendant and his Solicitors, the Clerk to the Justices was a member of the firm of Solicitors acting in a civil claim against the Defendant arising out of the accident that had given rise to the prosecution. The Clerk retired with the Justices, who returned to convict the Defendant. On learning of the Clerk's connection, the Defendant applied to have the conviction quashed. The Justices swore affidavits stating that they had reached their decision to convict the Defendant without consulting their Clerk, but the conviction was overturned. "NOT ONLY MUST BE DONE."  If the Clerk didn’t give the judges any advice on the matter, why was the conviction overturned?

Legislators and judges make, administer and interpret the law All answerable to the same laws as every other citizen Lawyers represent and advise people on the law THE RULE OF LAW The principal that no one is above the law, including those who make the law. Police enforce the law

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