Legal practitioners-need Flashcards
What are the two types of legal practitioners?
- Solicitor: Majority of lawyers are solicitors and they work on the case from start to finish and generally give advice about the law and a person’s rights under the law. They often hire a barrister
- Barrister: An independent lawyer with specialist skills in dispute resolution and advocacy and are usually brought in closer to trial (usually hired by solicitor). They must follow the cab rank rule (accept any work within their competetence)
Knowledge of criminal justice system
They are able to navigate processes and adhere to rules of evidence and procedures (such as plea negotiations, trial processes and examining witnesses) with a degree of expertise
What are the needs for legal practitioners?
- knowledge of criminal justice system
- objectivity
- avoid trauma
- avoid delays
- presenting facts/interests
Objectivity
They can make thorough decisions without being overly emotional and can successfully stand back and assess risks and facts of the case
Avoid trauma
They avoid the situation where the accused is directly questioning witnesses who may be traumatized by the crime
Avoid delays
They ensure trial processes don’t have to be slowed down to allow the accused to understand the situation
Presenting facts/interests
Each side will present evidence, call witnesses and ask questions in order to strengthen their case and legal practitioners will do this while representing the accused’s best interests as well as interests of wider community (for prosecution)
What is the court order for legal rep.
Criminal Procedure Act 2009 (Vic): Only in serious offences, gives court power to adjourn trial until VLA provides legal rep. court must be satisfied that:
- accused will not receive a fair trial without legal rep.
- accused cannot afford legal rep. (b.o.p: accused to prove they cannot afford full costs of legal rep.)
