Definition

• A procedural right is the legal method and process for enforcing substantial rights, also known as ‘due process’.
• Exactly how due process is afforded to those accused of aggressing is open to reasonable interpretation by a local community and their justice system.
• It is a longstanding due process principle that no-one should be allowed to sit as a judge in their own case.

Examples of procedural rights

• Right to a fair trial.
• Right to remain silent.
• Burden of proof.
• Right to cross examine witnesses.
• Right to be represented by a competent attorney.
• Right to appeal.