4.10 Costs, Times and Cultural Differences

Question 1

Pro Bono

Answer 1

a Latin term meaning “for the public good”; a term used to describe legal services that are provided for free or at a reduced rate.

Question 2

Human Rights Charter

Answer 2

Human Rights Charter: the Charter of Human Rights and Responsibilities Act 2006 (VIC). Its main purpose is to protect and promote human rights

Question 3

Committal Proceedings

Answer 3

the pre-trial hearings and processes held in the Magistrates’ Court for indictable offences.

Question 4

Plea Negotiations

Answer 4

(in criminal cases), pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations)

Question 5

Guilty Plea

Answer 5

when an offender formally admits guilty, which is then considered by the Court when sentencing.

Question 6

Royal Commission

Answer 6

the highest form of inquiry into matters of public concern and importance. Royal commissions are established by the government and are given wide powers to investigate and report on an important matter of public concern

Question 7

Intergenerational Trauma

Answer 7

a psychological response to highly distressing, stressful or oppressive historical events, such as war or significant injustices, which is passed on to future generations. First Nations people experience intergenerational trauma for many reasons, including being subject to brutal and harmful government policies, racism and discrimination since the British colonisation of Australia

Question 8

Bail

Answer 8

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges.

Question 9

Koori Court

Answer 9

a division of the Magistrates’ Court, Children’s Court and County Court that (in certain circumstances) operates as a sentencing court for First Nations people.

Question 10

How do Costs impede the achievement of justice?

Answer 10

• legal representation costs more; people have the right but not the means
• VLA/CLC/Pro bono can help; committal proceedings filter out weak cases + plea negotiation (court costs + lawyer costs)

Question 11

How does time impede justice

Answer 11

• right to trial wihtout unreasonable (average) delay
• variety of stages, complicated stages = longer
• plea negotiations, judge-alone trials (covid), digital technology for RRR

justice delayed is justie denied

Question 12

How do Cultural Differences impede justice

Answer 12

• First Nations people - language, direct questioning, body language, cultural taboo, lack of understanding, intergeneral trauma, economic disadvantage
• Langauge barriers (Charter guarantees interpreters)
• Koori Court for FIrst Nations (informal, oval table, elders, guilty accused only, geographical area)
• Free interpreters
• VLA, Courts + CLC have different langauges