DP5 - Principles of Justice Flashcards
What does the principle of fairness promote?
All people can participate in the legal system.
- impartial processes
- open processes
- participation
What does fairness not mean?
All people who are accused of similar offences will not have the same hearing or sentence.
What are impartial processes? (fairness)
Courts and personnel must be independent and impartial.
- not show bias towards or against parties
- cade decided on facts of law, not prejudice
What do open processes entail? (fairness)
institutions and people who administer justice (e.g judges or police) can be scrutinised by the public and held accountable
How are open processes achieved?
- Hearings required to be public
- Court judgements are available to public
- Community, media and victims can attend court hearings.
How is participation achieved for accused? (fairness)
- have opportunity to know facts of case against them
- free assistance of interpreter if cannot speak or understand English
- tried without unreasonable delay
How is participation achieved for victims? (fairness)
- Able to give evidence with alternative arrangements
- Give victim impact statements during sentencing.
What is the principle of equality?
All people engaging with justice system and processes should be treated in the same way.
- if same treatment causes disparity of disadvantage, adequate measures should be implemented.
Allows everyone to egnage with justice system, free from disparity or disadvantage
What is same treatment (formal equality)
All people treated the same, given same levels of support, regardless of personal differences or characteristics
What is different treatment? (substantive equality)
If treating people the same could cause disparity or disadvantage, measures must be put in place.
Allows people to participate in justice system
How can the principle of equality be achieved?
Interpreters, breaks and adjournments, providing information in different ways (without legal jargon)
Differentiate between fairness and equality
Fairness - does not mean everyone receives same treatment
- Sometimes to be fair, people treated differently
Equality - trying to ensure people on ‘equal footing’
- Measures taken to ‘level the playing field’
What does the principle of access entail?
All people should be able to engage with the justice system and processes on an informed basis.
What is engagement? (access)
An ability to use and participate in the justice system - physical, technological and financial access without delays
What does informed bias mean (access)?
All people should engage on an informed bias
- understanding of legal rights and processes involved in case
- able to obtain enough information to make reasoned decisions
