principles of justice - 3.2.3

Question 1

what is fairness and what are the 3 main processes?

Answer 1

fairness: all people can participate in the justice system and its processes are open and impartial.
impartial processes: all court personnel should remain impartial and should not have apprehended bias.
open processes: civil cases should be open to the public including the judgement, however many civil cases can be resolved privately (e.g.mediation)
participation: opportunity to know the case against them, to present their case, to have no unreasonable delay, the use of an interpreter

Question 2

what is equality and what is same and different treatment? and examples?

Answer 2

equality: all people engaging in the legal system should be treated the same way. Those who are disadvantaged by the same treatment should have adequate measures put in place.
same treatment: enforcing that both parties must complete the pre-trial procedures regardless of whether they have a lawyer
different treatment: ensures the self-represented party is on an even playing field, the judge may offer extra directionuring the pre-trial procedures
e.g.use of interpreters, assistance

Question 3

what is access?

Answer 3

access: all people should e able to engage with the justice system and its processes on an informed basis.

Question 4

access

engagement?

Answer 4

• providing a range of dispute resolution methods
• physical access to courts and other dispute resolution bodies
• offereing technological access
• financial access can restrict those with limited funds
• delays can impact access - particularly memory of event can fade

Question 5

access

informed basis?

Answer 5

• education of the justice system
• information about the case and the processes
• legal services are available to people who need to know what their rights are
• having adequate legal representation