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Fair Trial

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A trial which is fair and proper is contemplation of law.

  • Justice should not only be done, but it should appear to be done.
  • Treating both parties equal and in a reasonable way
  • Lord Sankey: Fairness is the Golden Thread of Justice

Types of Fairness

  • Fairness of the Rule
  • Procedure and
  • Decision i.e. Judgement

Necessary elements of fairness according to Lord Sankey

  • Right to know the nature of charges and evidence
  • Right to be represented by a lawyer
  • Presumption of innocence which incorporates both the right to silence and the burden of proof on the prosecution
  • Standard of proof to be applied is proof beyond reasonable doubt.
  • Right to public trial in a neutral forum
  • Right to cross-examine and test the prosecution evidence
  • Right to call evidence and give evidence on the accused's behalf
  • Right to appeal

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