Access to justice - cultural issues

Question 1

List factors that contribute to social and legal inequality before the law 3

Answer 1

• living in a rural area where access to lawyers is limited
• not being able to afford a lawyer but not meeting the legal aid threshold, falling in the gap, often forced into self-representation
• minimality of interpreters avaliable to First Nations Peoples

Question 2

Challenges people with a disability face in accessing justice 2

Answer 2

• may not be able to physically access legal centres or courts as they may not provide ramps/lifts etc.
• people with a mental illness or intellectual disability may find it difficult to communicate witht the court given its formal nature

Question 3

Challenges faced by people from a non-english speaking background, refugees and asylum seekers 5

Answer 3

• people who come from a non-english speaking background may not be able to access an interpretator or it be too expensive on top of paying for a lawyer
• they may be unaware to services they can access like legal aid
• its more challenging to understand the court process, not only is it in a foreign language but also lots of jargon is used
• the refugee tribunal may not be able to appoint an interpreter if the applicat is deaf, hearing or speech impaired
• they are often subject to bias or discrimination

Question 4

Role of an interpretor in achieivng justice

Answer 4

• provides the defendant with access to a fair trial, they are able to understand the court proceedings

Question 5

Describe the role of a judge 4

Answer 5

• to interpret the law
• interstitial role in filling in the gaps of the law
• upholding the rules of the court
• judicial activism

Question 6

Explain judicial independence and SOP 4

Answer 6

• sop is separation between the judiciary, executive and legislative
• judicial independence is important in ensuring transparency
• so that judges can rule free from the power and influence of the state
• important in ensuring a fair trial, key principle being impartiality

Question 7

Important qualities of a judge 6

Answer 7

• patient
• listen
• decisiveness
• integrity
• impartilaity
• strong sense of fairness

Question 8

Explain the process of a judge becoming a judge 2

Answer 8

• judicial appointments are made by the executive government
• the attorney general prepares a list of eligible persons with a focus on merit, their experience, the nature and court level they work in and professional peer reccommendations

Question 9

how are judges held accountable? 4

Answer 9

• Judicial Commission of NSW deals with complaints, they investigate the complaints, only ones that concern the behaviour or ability of a judge
• they can be removed for misconduct or if they are found guilty of something
• they can only be removed by the governer-general in council on addresses from both houses of parliament in the same session
• making an error of judgement or the display of a biased opinion does not constitue misconduct

Question 10

explain the alternative methods proposed for judicial appointment 4

Answer 10

• judicial appointments commission should be established, an independent body which would produce greater transparency
• or even an appointment committee to advise the attorney general
• also including a clear selection criteria to make clearer the qualities or experience needed to provide for a more just and fair appointment
• affirmative action