Rights in criminal proceedings (1) A person charged with a criminal offence has the right to be presumed innocent until proved guilty according to law. (2) A person charged with a criminal offence is entitled without discrimination to the following minimum guarantees, equally with everyone else— (a) to be informed promptly and in detail of the nature and reason for the charge in a language or, if necessary, a type of communication the person speaks or understands; (b) to have adequate time and facilities to prepare the person’s defence and to communicate with a lawyer or advisor chosen by the person; (c) to be tried without unreasonable delay; (d) to be tried in person, and to defend themselves personally or through legal assistance chosen by the person (e) to be informed, if the person does not have legal assistance, about the right to legal assistance chosen by the person; (f) to have legal assistance provided to the person, if the interests of justice require that the assistance be provided, and to have the legal assistance provided without payment if the person cannot afford to pay for the assistance; (g) to examine, or have examined, witnesses against the person; (h) to obtain the attendance and examination of witnesses on the person’s behalf under the same conditions as witnesses for the prosecution; (i) to have the free assistance of an interpreter if the person cannot understand or speak English; (j) to have the free assistance of specialised communication tools and technology, and assistants, if the person has communication or speech difficulties that require the assistance; (k) not to be compelled to testify against themselves or to confess guilt. (3) A person convicted of a criminal offence has the right to have the conviction and any sentence imposed in relation to it reviewed by a higher court in accordance with law. Compensation for wrongful conviction (1) This section applies if— (a) anyone is convicted by a final decision of a criminal offence; and (b) the person suffers punishment because of the conviction; and (c) the conviction is reversed, or the person is pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice. (2) If this section applies, the person has the right to be compensated according to law. (3) However, subsection (2) does not apply if it is proved that the non-disclosure of the unknown fact in time is completely or partly the person’s own doing. Right not to be tried or punished more than once (1) A person must not be tried or punished more than once for an offence in respect of which the person has already been finally convicted or acquitted in accordance with law. FREE AND EQUAL A Human Rights Act for Australia 2022 113