Criminal Lawyers Melbourne

Victoria recognises and protects human rights, and civil and political rights, through the operation of the Victorian Charter of Human Rights and Responsibilities. This legislation is based on the United Nations International Charter on Civil and Political Rights (ICCPR).

The Charter provides a framework for the recognition and promotion of human rights in Victoria. Its operation requires Parliamentary Statements of Compatibility for all new Victorian laws. The Victorian Supreme Court may make a declaration of Inconsistent Interpretation. Complaints may also be made to the Victorian Equal Opportunity and Human Rights Commission.

The application of the Human Rights Charter to the criminal law is an interesting frontier and it is a busy time for Human Rights Lawyers. The Charter has been interpreted in its application to the Bail Act, to Extended Supervision Orders, and most notably, in the current High Court Appeal in the Momcilovic case which involves the presumption of innocence and the Drugs Poisons and Controlled Substances Act.