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s 21

Fair trial

In force
Part 2Human rights

21 Fair trial

(1)

Everyone has the right to have criminal charges, and rights and obligations recognised by law, decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

(2)

However, the press and public may be excluded from all or part of a trial—

(a)

to protect morals, public order or national security in a democratic society; or

(b)

if the interest of the private lives of the parties require the exclusion; or

(c)

if, and to the extent that, the exclusion is strictly necessary, in special circumstances of the case, because publicity would otherwise prejudice the interests of justice.

(3)

But each judgment in a criminal or civil proceeding must be made public unless the interest of a child requires that the judgment not be made public.

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Human Rights Act 2004 s 21 — Fair trial (Australian Capital Territory) — Barrister AI