Rights of an Accused Person: Constitutional Basics
Key constitutional protections for people suspected or accused of crimes, including information about charges, silence, counsel and the presumption of innocence.
The Constitution protects accused persons
Article 21 of the Constitution contains important protections for people suspected or accused of crime. The Judiciary's Public Defense Program identifies these protections as central to access to justice.
Information about the accusation
A person arrested on suspicion of a crime is entitled to be informed of the charges in accordance with the Constitution.
Silence and self-incrimination
The Constitution recognises the right to remain silent and protects an accused person from being compelled to furnish evidence against himself or herself.
Presumption of innocence
An accused person is presumed innocent until guilt is proved to the legal standard required in a criminal case.
Right to counsel
The Constitution protects the right to counsel. Where an accused person is unable to secure representation, the Constitution provides for legal aid services to protect that right. The Judiciary administers a Public Defense Program for indigent criminal defendants.
Why individual advice matters
These are general constitutional principles. Their application can depend on the facts, the stage of proceedings and the offence charged. A person facing arrest, detention, interrogation or criminal proceedings should seek legal assistance without delay.