"In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law." .
Without "fairness" the criminal justice "system" or "process" would be a shambles. Justice would rarely prevail and the accused persons would stand no chance in their defence of the charges against them. The Judiciary is required to ensure that the trial is "fair". The fact that a trial was that of a "fair (trial) according to law" is just as important as the actual verdict itself. If the accused, in an Appellate court, is found to have been tried in a court that was deemed to have been "unfair" then he is acquitted of the original charge. However the concept of "fairness" is rather difficult to define. It is a tangle of current social values, ethics, procedures and equality. "All persons shall be equal before the courts and tribunals" and therefore wealth, social status, race and other social differences should have no influence in the process of justice. The case of Dietrich v R (1992) was a significant one in the area of "fairness" in this justice system. Justice Gaudron of the High Court stated that ".what might be fair in one case might be unfair in another.". The fact that there are no crystal clear boundaries for a "fair" trial and the words of Justice Gaudron makes each case different in the interpretation of "fairness". In order to judge each case "the courts consider the interests of the Crown . as well as the interests of the accused". There are numerous components to the trial that are considered to add to the "fairness or unfairness" of the trial. .
Perhaps the most important right that a person accused of a serious offence has is his right to legal representation. The right ".to have legal assistance assigned to him, in any case where the interests of justice require so- This legal assistance can come in different forms, however the courts must provide some of these free of charge if desired.
