3.2.3 Principles of Justice

Question 1

What are the principles of justice?

Answer 1

1. Fairness
2. Equality
3. Access

Question 2

Define “Fairness” as a Principle of Justice

Answer 2

All people can participate in the justice system and the process should be open and impartial

Question 3

What are the elements of Fairness?

Answer 3

1. Impartial Processes
2. Open Processes
3. Participation

Question 4

Explain the element of Fairness “Impartial Process”

Answer 4

All court personnel should remain impartial, with no apprehended bias otherwise they should remove themselves.

Question 5

Explain the element of Fairness “Open Processes”

Answer 5

Civil cases should be open to the public including the court’s judgment

Question 6

Explain the element of Fairness “Participation”

Answer 6

Opportunity to know the case against them and present their side of the case without unreasonable delays

Question 7

Define “Equality” as a Principle of Justice

Answer 7

All people engage with the justice system and its processes should be treated in the same way, unless this causes disadvantage.

Question 8

Explain the element of Equality “Same Treatment”

Answer 8

Enforcing that both parties must complete the pre-trial procedures

Question 9

Explain the element of Equality “Different Treatment”

Answer 9

To ensure that a self-represented party is on an even ‘playing field’ with a party who has legal representation

Question 10

Define “Access” as a Principle of Justice

Answer 10

All people should be able to engage with the justice system and its processes on an informed basis

Question 11

Explain the element of Access “Engagement”

Answer 11

Provide a range of dispute resolution methods. Engagement can also refer to physical, financial, technological access and delays

Question 12

Explain the element of Access “Informed basis”

Answer 12

Education can help those who do not understand the system or their rights. People should be able to access information about the processes