need for legal practitioners - 3.1.10

Question 1

why are legal practitioners needed?

Answer 1

• access to legal advice is important to uphold the rule of law

Question 2

what are reasons why we need legal practitioners?

Answer 2

• self representing: lack skills and experience to navigate the justice system
• self represented can struggle to remain objective which affects decision-making ability
• for traumatic or difficult cases it avoids a situation where the accused is directly questioning witnesses
• courts and judges cannot advocate on the self represented behalf

Question 3

what is the court order for legal representation?

Answer 3

• criminal procedure Act 2009 (VIC) gives court the power to adjourn a trial for serious offences until legal representation from VLA is provided.

court must be satisfied the accused:
- would not recieve a fair trial without representation
- cannot afford to pay for a lawyer

the burden of proof is on the accused to prove they canot pay for a lawyer

done to ensure a fair trial and avoid successful appeal and possible acquittal for accused person.

Question 4

what are the strengths for legal practitioners?

Answer 4

• can help navigate the justice system
• they are objective
• helps avoid delay

Question 5

what are the weaknesses of legal practitioners?

Answer 5

• they do not have the same level of skills/experience = impact quality of service
• not affordable for some people, risking fair trial
• they may not be able to assist accused (e.g. cannot understand englishor suffering trauma), more suppport needed