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The principles of natural justice ensure fair judicial proceedings. The accused has the right to know the charges and prepare a defense. The judge must be impartial, and both parties can present their case. Investigators must be impartial, and evidence must be based on facts. Extenuating circumstances may be considered, but irrelevant considerations should be ignored. These principles create a level playing field for all parties.
The principles of natural justice establish the procedures to be used to ensure that judicial proceedings are fair to the participants. These principles are used in jurisdictions where the judicial system is based on common law and civil law. In a proceeding conducted in accordance with the principles of procedural fairness, a party is fully informed of the allegations or charges brought against him, the judge seised is impartial, and any judgment or verdict must be made on the basis of the evidence presented.
A person accused of a crime has the right to be informed of the charges brought against him or her. The defendant and his or her legal representative are given factual details of the case that prosecutors intend to present at trial. Principles of natural justice dictate that the defendant be given adequate time to prepare a defense against any charges brought against him or her.
Another important principle of natural justice is that the judge hearing the case must be impartial. A member of the judiciary who knows one of the parties or who has knowledge of the case that would bias him or her is required to disclose the fact. In that case, the judge is required to step down from the case and let someone else hear the evidence.
Each party has the option to present a case to the judge or judge and jury. Prosecution and defense attorneys can cross-examine witnesses who provide evidence at trial. They also have the right to call witnesses who can refute the evidence already given in the course of the proceedings.
Investigators who are collecting evidence must also be impartial in the performance of their duties. A person with a conflict of interest is excluded from participating in the survey. They must remove themselves from participation in the evidence gathering process.
Police officers and detectives gather evidence and charge an individual based on where it leads. This process involves no suspicion or speculation. Under the principle of natural justice, investigators in a case must be able to point to the evidence they have gathered that has led to charges.
When it comes time for a judge or jury to make a decision on the guilt or innocence of the charges, they may consider any extenuating circumstances. Any considerations that are not relevant to the allegations should be ignored. The principles of natural justice are in place to ensure that the public trusts the justice system by creating a level playing field for all parties.
