Courts and Police > The Criminal Courts and Criminal Cases > Criminal Charges > What Are Your Rights If You Are Criminally Prosecuted?
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What Are Your Rights If You Are Criminally Prosecuted?

  • You must be told what the charge is against you.
  • You have the right to a quick and public trial. You must be charged and taken to court within 48 hours after your arrest.
  • You have the right to a trial by an unbiased court, usually in the area where the crime was committed
  • At the trial you have the right to question any witnesses and the evidence used against you.

(See: Section 35 of the Bill of Rights: Arrested, Detained and Accused Persons)

  • You have the right to ask for an attorney. If you cannot afford an attorney, the state must help you to apply for legal aid to pay for an attorney. You have a right to legal aid if you face a serious charge.

(See: Applying for legal aid)

Many people are still sentenced to go to prison without being defended by attorneys. Make sure you ask the court for a lawyer or legal aid.

If you are denied any of these rights, you may be able to take the Court’s decision on review. (See: Trials, appeals and review)

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