Is There Right To A Fair Trial?

The right to a fair trial is a common law right. A fair trial is designed to prevent wrongful convictions, protect people’s life, liberty and reputation. A fair trial ensures that accused people remain innocent until proven guilty and that their reputation is not harmed in the process (Australian Law Reform Commission, 2014). To ensure that every individual who is facing court after being accused of committing a crime has a fair trial, laws have been implemented to restrict powers specifically of police. In the context of the powers of police to investigate crime there are restrictions on how the investigation can be conducted and the evidence that can be used in court. The restrictions on police officers that enhance the possibility of a fair
Police officers do have the power to request a search either of a person or a vehicle if they have reasonable grounds to believe the suspect is in possession of illegal drugs or weapons. A suspect can however, refuse to be searched as the only time a police officer can conduct a search without a warrant is if they have search by consent (Victorian Legal Aid, 2018). In terms of arresting a suspect, a constable may without a warrant arrest a person for an offence if the constable believes on reasonable grounds that the person as committed or is committing an offence (Crimes Act 1914 (Cth), s3ZW). If the suspect has not been caught at the crime scene, then an investigating officer must issue a warrant for the person’s arrest based on information that has been laid before the officer, which outlines why it is believed that the suspect has committed a crime (Crimes Act 1914 (Cth), s3ZA). Once the arrest has occurred the police officers are restricted to how they can investigate the crime. They cannot enter a suspect’s property to search the premises without a warrant from the magistrate’s court. For most criminal offences, generally, police officers do require warrants to execute certain areas of the investigation. This increases the chance of a fair a trial because in most cases unless the crimes mentioned before having been committed, police officers do not get to search a person or their property without a warrant. Therefore, people who are suspected of committing a crime are aware of what the police are doing during the investigation and have some idea of the evidence that could potentially be used against them. In addition to this, it also ensures that none of their other basic rights are being breached because the police officers cannot enter a person’s property without consent or without a warrant. This means that the individual’s right to privacy