The principle of a fair trial: A critical examination of the scope and application of selected rights in Victorian courts

Abstract

The principle of a fair trial is fundamentally important to the criminal justice system as fairness underpins the administration of justice, and the rule of law. Fair trial rights encapsulate human rights and criminal law. This thesis examines how Victorian courts have considered and applied selected fair trial rights. The main objectives of the thesis are, first, to provide greater clarity on the legal bases and scope of these fair trial rights, and second, to critically examine the role and utility of the Charter of Human Rights and Responsibilities Act 2006 in relation to the selected rights and Victorian courts.