Page 890 - SUBSEC October 2017_Neat

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02131032/CAPE/KMS 2017
LAW
UNIT 1 Paper 032
KEY AND MARK SCHEME

FUNDAMENTAL RIGHTS

Protection of the law

 Referred to as a fair trial or the right to due process
 Regulates the conduct of fair trials
 The emphasis is in criminal trials

1. Right to a fair hearing

“If a person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing” – section 18(1) of the
Constitution (BDS).

Maharaj v. Attorney General: person must be given particulars of charge and
an opportunity to respond to those charges before punishment

2. Trial within a reasonable time

“If a person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing, within a reasonable
time” – section 18(1) of the Constitution (BDS)

Bell v. DPP – 32 months was an unreasonable time in the appellant’s case,
which was a retrial.

3. Details of offence charged:

“Every person who is charged with a criminal offence shall be informed as
soon as is reasonably practicable, in a language that he understands and in
details, of the nature of the offence charged” section 8(2) of the Constitution
(DCA)
Amerally & Bentham v. R – no offence was disclosed by the charge.

4. Legal Representation

“Every person who is charged with a criminal offence, shall be permitted to
defend himself in person or by a legal representative of his own choice –
section 18(2) of the Constitution (BDS)

Hinds v. AG of Barbados: since the appellant was represented on appeal he
could not argue that his right to a fair hearing was breached by the denial
of legal aid at the trial

Two points clearly stated in definition 2 marks
Three points clearly explained 2 marks each up to 6 marks
Conclusion 2 marks

Weak explanation 1 mark each
Three cases clearly cited 1 mark each 3 marks
Coherence 2 marks

Total 15 marks