DP11 - The impact of costs, time and cultural differences

Question 1

What are the main costs in the criminal justice system?

Answer 1

Engaging a lawyer to provide legal advice or representation
- if accused cannot, they must represent themselves (50% in Magistrates court are self-rep)

Question 2

What are the measures to reduce costs?

Answer 2

Can apply for free legal assistance through VLA or CLCs
However, large part of community is not eligible for legal aid.
Plea negotiations to resolve criminal cases early

Question 3

How does the impact of costs impact fairness?

Answer 3

Self-represented person may not participate
- lack of understanding, familiarity with legal language
- inability to emotionally distance themselves from the case
- do not know case against them, or facts and rights

Question 4

How does the impact of costs impact the principle of equality?

Answer 4

If accused cannot afford legal representation, at risk of disadvantage and disparity
- skill between self-rep and prosecutor
- some members also have access to better advice and a stronger defence than others

Question 5

How does the impact of costs impact the principle of equality?

Answer 5

If an accused cannot afford legal representation, they may not be able to engage on an informed basis (however they can receive free information from VLA and CLCs)
- may feel need to plead guilty from lack of understanding or no money to defend

Question 6

How does time impact the justice system?

Answer 6

Delays may occur due to complexity, and committal proceedings may add to length
- may impact ability for witnesses to recall information (engagement), evidence may be lost and become less reliable
- can cause disparity as victims may suffer from prolonged mental trauma
- an accused may want to plead guilty because they cannot afford defence

Question 7

What are measures put in place to reduce the impact of time?

Answer 7

Early guilty pleas are encouraged to save court time and resources. Plea negotiations may occur.

Question 8

How do cultural differences impact the justice system?

Answer 8

Accused may not understand legal jargon, ceding disadvantage and disparity (however, they can obtain a free-of-charge interpreter if they cannot speak or understand English, but this is not always available due to high demand).
Cultural taboos may infringe ability to engage with justice system
- e.g first nations people need Koori court
Unable to participate on informed basis if they cannot understand english or rights they have