Criminal law- the right to a fair trial

12 August 2020

In criminal law, the accused have certain rights bestowed upon them by the constitution and international human rights proclamations. One of the most essential rights in any criminal trial is the right to a fair trial. As a law student, you must understand the rights of your prospective future clients whom you will be defending once you qualify.

Your law tutor London will be at the forefront in ensuring that you understand what rights the defendant in criminal law is entitled to in the UK.

The right to a fair trial is governed by the Human Rights Act 1998 and falls under Article 6. This article protects the rights of the accused to be subjected to a fair trial with guaranteed access to courts.

What does a fair trial entail?

What does a fair trial entail?

The accused is entitled to a hearing that meets certain aspects for it to be termed as a fair trial. The criminal trial should;

• Be seen to be fair
• The right to a public hearing
• The hearing should be heard and conducted by an independent and impartial court, or in some instances, through a tribunal
• Heard within a reasonable time

Additional rights in criminal proceedings

In addition to the right of a fair trial, accused persons in criminal proceedings enjoy certain rights that include the following; 

• The accused is presumed innocent until proven guilty by the court
• The right to be charged in a language they best understand with the availability of an interpreter in case they do not understand
• The right to legal aid or the ability to defend themselves
• The right to not say anything incriminating during the trial.

The rights enjoyed by the accused during a criminal proceeding are an important aspect that law tutors are happy to share with their criminal law students.