Difference between revisions of "Right to a Speedy Trial"

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== International Sources ==
 
== International Sources ==
'''International Covenent on Civil and Political Rights, Article 14, Section 3''' -  "In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;"
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'''International Covenant on Civil and Political Rights, Article 14, Section 3''' -  "In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;"
  
 
== Examples of the right to a speedy trial ==
 
== Examples of the right to a speedy trial ==

Revision as of 19:30, 26 April 2010

The right to a speedy trial is intended to guarantee that defendants are not subjected to prolonged or unreasonable periods of pre-trial detention. The exact scope of the right depends on the jurisdiction. In some cases, a flexible "reasonableness" standard is utilized while in other cases the prosecution is tasked with being ready for trial by a fixed deadline.


International Sources

International Covenant on Civil and Political Rights, Article 14, Section 3 - "In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay;"

Examples of the right to a speedy trial

New York, United States

New York Criminal Procedure Code Section 30.30 calls for specific deadlines determined by the class of the offense:

  • 30.30 Speedy trial; time limitations.
  1. Except as otherwise provided in subdivision three, a motion made pursuant to paragraph (e) of subdivision one of section 170.30 or paragraph (g) of subdivision one of section 210.20 must be granted where the people are not ready for trial within:
    • (a) six months of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a felony;
    • (b) ninety days of the commencement of a criminal action wherein a defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of more than three months and none of which is a felony;
    • (c) sixty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a misdemeanor punishable by a sentence of imprisonment of not more than three months and none of which is a crime punishable by a sentence of imprisonment of more than three months;
    • (d) thirty days of the commencement of a criminal action wherein the defendant is accused of one or more offenses, at least one of which is a violation and none of which is a crime.

India

The Constitution provides an accused the right to a speedy trial. Although this right is not explicitly stated in the constitution, it has been interpreted by the Hon'ble Supreme Court of India in the judgment of Hussainara Khatoon.19 This judgment mandates that an investigation in trial should be held "as expeditiously as possible".20 In all summons trials (cases where the maximum punishment is two years imprisonment) once the accused has been arrested, the investigation for the trial must be completed within six months or stopped on an order of the Magistrate, unless the Magistrate receives and accepts, with his reasons in writing, that there is cause to extend the investigation.21 The accused is not to be detained in police custody for more than 24 hours without being produced before a Magistrate.22 An officer not below the rank of sub-inspector is to transfer the accused to a Judicial Magistrate who may allow the accused to be held for up to fifteen days in police custody. If a Judicial Magistrate is not available, an Executive Magistrate so empowered by the High Court may allow for a detention of up to seven days, which a Judicial Magistrate may extend up to not more than fifteen days in total. At the expiration of these fifteen days, if a Magistrate believes adequate grounds exist, he may allow for the suspect to remain in the judicial custody for a period up to ninety days total (including the original fifteen) for a case involving potential punishment of more than ten years imprisonment or up to sixty days for all other cases. The accused has the right to get bail in case the prosecution fails to submit the charge sheet within a period of ninety days of such custody.

In cases involving punishment of more than ten years; the charge sheet has to be submitted within a period of sixty days by the prosecuting agency.23 The following factors should be considered in determining whether an accused's right to a fair trial has been compromised: period of the delay, reason for the delay, whether the accused asserted his right, and prejudice to the accused. Loss of evidence, such as the death of a key witness, or the inability of witnesses to testify accurately after a long delay, can be powerful tools for the defense.

Zimbabwe

  • "Every person is entitled to a fair hearing within a reasonable time by an independent and impartial court" (Constitution of Zimbabwe)