Criminal Due Process and Chapter III of the Australian Constitution

This paper considers protection of criminal due process rights, such as the presumption of innocence, right to silence, and right to confront accusers, and other peripheral issues such as mandatory sentencing and the civil/criminal divide in relation to forfeiture. It argues there is significant potential for Chapter III of the Constitution to protect such rights, if the court were to take a robust approach to defending traditional characteristics of courts and judicial process from legislative or executive interference.