Factors the affect ability of justice system

Question 1

Cost of Legal Representation

Answer 1

if not represented then may be treated unfairly and at a disadvantage (inequality), no access to present their case

Question 2

Availability of Legal Aid

Answer 2

• not being able to present case (unfair)
• not being able to access information and assistance (access)
• not being able to understand at same level (disadvantage)

Question 3

Assistance to self-represented parties

Answer 3

• could be discriminated against (unequal)

- need to navigate court proceedings (access)

Question 4

Delays in preparing a case

Answer 4

• emotional strain
• loss of job or disruption to family for accused
• put people at disadvantage
• witnesses might forget evidence (unfair)
• great the wait less accessible

Question 5

Plea Negotiations and Sentence Indications

Answer 5

• address delays
• available to all accused (equal)
• victims consulted but have no say (access)

Question 6

Appeals

Answer 6

• add trauma to victims
• fix any mistake (fair)
• anyone can appeal (equal)

Question 7

Problems during questioning and giving evidence

Answer 7

• language barriers
• direct questioning
• body language
• cultural taboos eg name of dead, disgraced
• lack of understanding of court procedures

Question 8

Over-Representation of Aboriginal and Torres Strait Islander People

Answer 8

• lack of legal resources who are able to deal with this issue
• misunderstandings