Chapter 4.9

Question 1

Why are legal practitioners needed?

Answer 1

Access to proper legal advice is a basic human right recognized worldwide and a key part of the rule of law. The Law Council believes everyone, especially those facing criminal charges or possible restrictions on their freedom, should have access to legal advice.

Question 2

Some of the reasons why lawyers are needed are:

Answer 2

Self-represented individuals often lack the necessary skills, objectivity, and experience to navigate the complexities of the criminal justice system effectively. Lawyers provide essential support in understanding legal procedures, making rational decisions, and avoiding emotionally charged interactions that could further traumatize victims.
- Self-represented individuals lack the skills and experience to handle legal procedures, like plea negotiations and witness examination.
- They may struggle with objectivity, being too emotionally involved to make sound decisions
- Lawyers prevent situations where the accused might directly question victims, reducing the risk of re-traumatizing them.
- Courts and judges can only provide limited assistance to self-represented individuals; they cannot advocate on their behalf.

Question 3

plea negotiations

Answer 3

(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 4

Court order for legal representation

Answer 4

Under the Criminal Procedure Act 2009 (Vic), courts can delay a trial for serious offences until the accused receives legal representation from VLA if it’s shown that the accused cannot afford a lawyer and would not receive a fair trial without one. The accused must prove they cannot cover the cost of legal representation themselves.

Question 5

Strengths of legal representation

Answer 5

• Expert Guidance: Legal practitioners are skilled in navigating the criminal justice system, including conducting opening and closing addresses and adhering to court rules.
• Objective Decision-Making: They provide an objective perspective, making informed decisions about plea negotiations and case strategy, which self-represented individuals may lack due to personal investment or emotional involvement.
• Efficiency and Speed: Legal practitioners help prevent delays in the trial process, ensuring that proceedings move efficiently, which can be hindered if the accused is self-represented and unfamiliar with the legal procedures.

Question 6

weakness of legal practioners

Answer 6

• Varied Experience: Legal practitioners differ in experience and skill levels, affecting the quality of legal services provided.
• Financial Constraints: Not everyone can afford legal representation, leading some to self-represent, which risks an unfair trial due to a lack of skills, experience, and objectivity.
• Additional Support Needed: Legal representation might not be enough for those who struggle with language barriers or trauma; additional support may be necessary to ensure fair treatment.