The document discusses the principles of natural justice and procedural fairness that are part of the rule of law. It outlines several rights that make up the concept of natural justice, including the right of the accused to know what they have been accused of, the right to present evidence and have a hearing, and the right to an unbiased court. It also discusses the importance of cross-examination and avoiding bias. The document presents the case of R v Sussex Justices, Ex parte McCarthy, in which a conviction was overturned even though the judges claimed they were not influenced by the clerk who had a conflict of interest, because justice must not only be done but be seen to be done.

1. PROCEDURAL FAIRNESS AND THE
RULE OF LAW

2. THE PRINCIPALS OF NATURAL
JUSTICE

3. ‘NATURAL JUSTICE’ – THE RIGHT:
of a person to participate in legal proceedings
involving them
 of the accused to know the accusation made
against them
 of the defendant (the accused) to have a hearing
and present evidence
 to have a matter heard before a court which is free
from bias
 to test the evidence presented in a case (crossexamination)
 of the accused to not have previous criminal
convictions or accusations brought up during the
trial


4. Explain
why the
defendant
must know
exactly
what they
are
accused of

5. Outline the
concept of
cross
examination.

6. 
JUSTICE BE DONE; IT MUST ALSO BE SEEN TO

R v Sussex Justices, Ex parte
McCarthy [1924]
In 1923 McCarthy, a motorcyclist, was
involved in a road accident which resulted
in his prosecution before a Magistrates
Court for dangerous driving. Unknown to
the Defendant and his Solicitors,
the Clerk to the Justices was a member
of the firm of Solicitors acting in a civil
claim against the Defendant arising out of
the accident that had given rise to the
prosecution. The Clerk retired with the
Justices, who returned to convict the
Defendant.
On learning of the Clerk's connection, the
Defendant applied to have the conviction
quashed. The Justices swore affidavits
stating that they had reached their
decision to convict the Defendant without
consulting their Clerk, but the conviction
was overturned.
"NOT ONLY MUST
BE DONE."

If the Clerk
didn’t give
the judges
any advice
on the
matter, why
was the
conviction
overturned?

7. Legislators and
judges make,
administer and
interpret the
law
All answerable
to the same
laws as every
other citizen
Lawyers
represent
and advise
people on
the law
THE RULE OF LAW
The principal that no one is above the law, including
those who make the law.
Police
enforce
the law