Constituent Rights
It is important that in order for the full realization of the right to fair trial, the interests of the accused, victim and society at large need to be balanced, without prejudice to one another.[1]
There are a number of rights that constitute the wider right to a fair trial. These include:
- Principles of the presumption of innocence which require that an accused in a criminal offence must be presumed to be innocent until he is shown to be guilty beyond reasonable doubt.
- Being informed of the nature of charge against the accused.
- Receiving adequate time and facilities to prepare his defence.
- Access to legal counsel.
- Representation by legal counsel.
- Receiving a fair and public hearing by an independent and impartial tribunal.
- Being tried without undue delay.
- Examination of witnesses against him.
- Receiving free assistance of an interpreter if he cannot understand or speak the language used in court.
- Protection against self-incrimination as well as double-jeopardy.
- Right of a convicted person to a review of a sentence by a higher court.
Moreover, the announcement of the judgement in open court also forms part of the right to a fair trial, though for a number of reasons restrictions may be placed on the press and public from attending all or part of a trial.
The right to a fair trial has been outlined in different international human rights treaties, conventions, and declarations. Furthermore, in addition to the Constitution and domestic legislation, the superior courts have also expounded upon the constituents of the right to a fair trial. This has been discussed in the subsequent sections at length.
[1] ‘The Right to Fair Trial: Better Late Than Never’ (Shaikh Ahmad Hassan School of Law) available at https://sahsol.lums.edu.pk/law-journal/right-fair-trial-better-late-never