4.9 Legal Practitioners

Question 1

Law Council of Australia

Answer 1

the peak national representative body of the Australian legal profession. It advocates on behalf of the legal profession at a national level about issues such as access to justice.

Question 2

Plea Negotiations

Answer 2

(in criminal case), 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 3

Why are legal practitioners needed?

Answer 3

• criminal offences require legal help to represent
• self-represented (SR) may lack skills and experience
• SR may not have objectivity - clouded by emotion
• in traumatic cases, avoids SR directly questioning witneses
• Judge cannot advocate for SR, only assist

Question 4

What Laws back the right to legal representation

Answer 4

• s197 Criminal Procedure Act 2009 (Vic) - if the court is satisified that the accused would not receive a fair trial without a lawyer

matches the common law high court case r v Dietrich 1992

Question 5

Strengths of Legal Representation

Answer 5

• are experts who can help the accused navigate the system - opening + closing address
• are objective
• avoid delays as courts do not need to slow down

Question 6

Weaknesses of legal representation

Answer 6

• Not all lawyers are equal or have same experience/skills. You receive what you pay
• Affordability (Self-represented disadvantaged)
• legal representation alone may not be enough (language/trauma)