Legal Unit 3 AOS2- The principles of justice Flashcards
1
Q
The principles of justice
A
- Fairness
- Equality
- Access
2
Q
Fairness
A
All people can participate in the justice system & its processes should be impartial & open
3
Q
Fairness- participate
A
- Hearing rule
- Understanding processes
- No delays
- Opportunity to present their version of the case
4
Q
Fairness- impartial processes
A
- Unbiased & objective decision-maker
- Case decided on the basis of facts & law
- No apprehended bias
5
Q
Fairness- open processes
A
- Transparent to public
- Accountability & open to scrutiny
6
Q
Equality
A
All people engaging with the justice system should be treated the same way. If this same treatment causes disparity or disadvantage than adequate measures should be implemented to ensure that all people engaging with the justice system should be treated the same way.
7
Q
Equality- same treatment/opportunity
A
- Formal equality
- Consistency in treatment
- No discrimination
8
Q
Equality- adequate measures
A
- Substantive equality
- Aim to create an even playing field
- Assistance to self-repped parties
- Changes to court/tribunal processes
9
Q
Access
A
All people can engage with the justice system on an informed basis
10
Q
Access- engage
A
- Timely
- Knowing rights & able to pursue case
- Providing range of dispute resolution methods
- Physical/tech/financial access to system
11
Q
Access- informed basis
A
- Being able to find & understand info
- Understanding relevant court processes
- Legal services as a way of obtaining info