Your rights in court
Fair hearing, being presumed innocent, lawyers and interpreters.
Fair administrative action
- When the government makes a decision about you, it must be fair, lawful and made without unnecessary delay.
Art. 47(1)
(1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
Read the full article → - If a decision affects your rights, you have the right to be given written reasons for it.
Art. 47(2)
(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.
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- When someone in charge decides something about you, they should be fair and explain why.
Art. 47(2)
(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.
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Access to justice
- The State must make sure everyone can go to court to settle a dispute.
Art. 48
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
Read the full article → - If there is a fee to go to court, it must be reasonable and must not stop you from getting justice.
Art. 48
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
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- If something is unfair, you can ask a court to help. The cost should not stop you.
Art. 48
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
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Rights of arrested persons
- If you are arrested, the police must tell you why, in a language you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You have the right to stay silent. You do not have to explain yourself.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You have the right to call a lawyer, and to talk to people who can help you.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - You must not be forced to confess or admit to anything.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You must be taken to court within 24 hours.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
Read the full article → - You can ask to be released on bail unless there is a strong reason not to.
Art. 49(1)(h)
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
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- If a police officer stops you, they must tell you why, in a way you understand.
Art. 49(1)(a)
(a) to be informed promptly, in a language that the person understands, of—
Read the full article → - You can stay quiet. You do not have to answer.
Art. 49(1)(b)
(b) to remain silent;
Read the full article → - You can ask to talk to a grown-up who helps you, like a lawyer or a parent.
Art. 49(1)(c)
(c) to communicate with an advocate, and other persons whose assistance is necessary;
Read the full article → - No one is allowed to force you to say you did something wrong.
Art. 49(1)(d)
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
Read the full article → - You should be taken to a judge very fast, within one day.
Art. 49(1)(f)
(f) to be brought before a court as soon as reasonably possible, but not later than—
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Fair hearing
- Every dispute should be decided fairly and openly by a court or an impartial body.
Art. 50(1)
(1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.
Read the full article → - If you are accused of a crime, you are innocent until proven guilty.
Art. 50(2)(a)
(a) to be presumed innocent until the contrary is proved;
Read the full article → - You must be told clearly what you are accused of.
Art. 50(2)(b)
(b) to be informed of the charge, with sufficient detail to answer it;
Read the full article → - You have the right to a lawyer, and to be told this promptly.
Art. 50(2)(g)
(g) to choose, and be represented by, an advocate, and to be informed of this right promptly;
Read the full article → - If serious injustice would otherwise happen, the State can give you a lawyer at its own cost.
Art. 50(2)(h)
(h) to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly;
Read the full article → - You can stay silent and you do not have to testify.
Art. 50(2)(i)
(i) to remain silent, and not to testify during the proceedings;
Read the full article → - You have the right to a free interpreter if you do not understand the language used in court.
Art. 50(2)(m)
(m) to have the assistance of an interpreter without payment if the accused person cannot understand the language used at the trial;
Read the full article → - You cannot be tried twice for the same offence.
Art. 50(2)(o)
(o) not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted;
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- If someone says you did something wrong, you are still not guilty until it is proven.
Art. 50(2)(a)
(a) to be presumed innocent until the contrary is proved;
Read the full article → - You can have someone help you explain your side.
Art. 50(2)(g)
(g) to choose, and be represented by, an advocate, and to be informed of this right promptly;
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Rights of persons detained, held in custody or imprisoned
- Even if you are detained or in prison, you keep your rights in the Bill of Rights.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
Read the full article → - If you are detained, you can ask a court for a habeas corpus order (an order to bring you before a court).
Art. 51(2)
(2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.
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- Even people in prison still have rights and must be treated well.
Art. 51(1)
(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
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