In criminal law, the right to a speedy trial is a

human right Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...

under which it is asserted that a government prosecutor may not delay the

trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal ...

of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial. Although it is important for the protection of speedy trial rights for there to be a

court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...

in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay.

Recognition of speedy trial rights

In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurate with the complexity and heinousness of the crimes of which suspects are accused. The right is based on the notion that long-term incarceration should normally be restricted to situations in which a judge or jury have determined a suspect has committed a crime. The right to a speedy trial is codified in fundamental legal documents in several jurisdictions, and may be further defined by statutory law.

Canada

Speedy trial rights are recognized within

Section Eleven of the Canadian Charter of Rights and Freedoms Section 11 of the ''Canadian Charter of Rights and Freedoms'' is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11. Right to be i ...

Europe

Within Europe, speedy trial rights are recognized by

Article 6 of the European Convention on Human Rights Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an in ...

. In English law, this right was developed by the Assize of Clarendon in 1166 (a judge would be summoned if one was not immediately available) and Magna Carta in 1215 ("To no one will we sell, to no one will we refuse or delay, right or justice.").

India

Right to speedy trial is guaranteed under Article 21 of the

Constitution of India The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ...

Japan

The of the

Japanese Constitution The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution ...

states, "In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal." , which had not held a court for 15 years, was dismissed by

Supreme Court of Japan The , located in Hayabusachō, Chiyoda, Tokyo, is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law. It has the power of judicial review, which allows it t ...

according to Article 37. After the Takada case, it is considered that dismissing judge should only apply if the accused ask acceleration of a trial.

Philippines

The Constitution of the Philippines states, "All persons shall have the right to a speedy disposition of their cases before all judicial,

quasi-judicial A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, that can be a public administrative agency but also a contract- or private law entity, which has been ...

, or administrative bodies."

United States

In the United States, basic speedy trial rights are protected by the

Speedy Trial Clause The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". The Clause protects the defendant from delay between the p ...

of the Sixth Amendment to the United States Constitution. States may also offer additional speedy trial protections. In June 1776, a "speedy trial" provision was explicitly included in the

Virginia Declaration of Rights The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaratio ...

George Mason George Mason (October 7, 1792) was an American planter, politician, Founding Father, and delegate to the U.S. Constitutional Convention of 1787, one of the three delegates present who refused to sign the Constitution. His writings, including ...

, its principal author. The consequences of a speedy trial violation may require that the case be dismissed, although depending upon the circumstances it may be possible for the state to again initiate a criminal charge against a defendant despite a speedy trial violation.

References

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