U3 AOS1 B SAC1 Flashcards
explain the role of Victoria Legal Aid (VLA)
a government agency that provides free legal information to the community, free legal advice and free legal representation for people who cannot afford to pay for a lawyer
prioritises people who need it the most and cannot get legal assistance any other way
state the types of assistance VLA provides for accused people
free legal information
free legal advice (including Help Before Court service)
duty lawyer
grants of legal assistance (paying for a lawyer)
explain VLA free legal information (accused people)
VLA’S website has free information for all Victorians about the law, court processes and basic legal principles
publications and resources, such as booklets and fact sheets
a public law library that includes books, cases, commentary and journals
opportunities to speak with a VLA officer, either on the phone or online using their Legal Help Chat function
assistance can be provided in many languages other than english
eligibility/available for VLA free legal information (accused people)
all accused people
explain VLA free legal advice (including help before court service) (accused people)
VLA offers free legal advice in person, by video conference or over the phone
advice can be given about what happens in court, or about the law that applies to the case
Help Before Court service
if the court day is more than six days away, VLA may be able to arrange:
- legal advice from a lawyer to prepare
- a duty lawyer to give legal advice on the day
- legal representation
eligibility/available for VLA free legal advice (including help before court service)
charged with a criminal offence in the magistrates’ court (or children’s court)
who need it most, depending on the accused’s income and their legal matter
not eligible/not available for VLA free legal advice (including help before court service)
indictable offences being heard in higher courts
committal proceedings
explain VLA duty lawyer (accused people)
a duty lawyer is a lawyer who is at court (on duty) on a particular day and who can help people who are at court for a hearing on that day
duty lawyers can:
- give information about what happens in court
- offer legal advice
- represent an accused in court on that day
prioritises people who are in custody and first nations people (they do not need to satisfy any tests to be eligible for a duty lawyer)
eligibility/available for VLA duty lawyer (accused)
income test
case heard in magistrates court or childrens court
VLA priority category
define income test
a test applied by VLA to determine whether a duty lawyer can represent an accused
the test is satisfied when the accused can show they have limited income (through a current Centrelink benefit card to show they are receiving welfare benefits or pensioner concession card)
people who are in custody and first nations people do not need to satisfy any tests to be eligible for a duty lawyer
state the priority category for VLA duty lawyer
people who are in custody, with a disability, acquired brain injury or mental health issue, experiencing homelessness, cannot speak, read or write english well, children and first nations people
explain VLA grants of legal assistance (paying for a lawyer) (accused people)
VLA may be able to give a grant of legal assistance to people who cannot afford a lawyer
this may include:
- helping the accused resolve matters in dispute
- preparing legal documents
- representing the accused in court
may be given assistance by:
- a VLA lawyer
- a private lawyer (who is on VLA’s panel of practitioners) arranged by VLA to assist
eligibility/available for VLA grants of assistance (paying for a lawyer) (accused)
grants of legal assistance are given to accused people who need it most
all grants are capped
accused people must meet the means test to be eligible for a grant
other tests are considered when determining whether assistance should be made available for an accused
define means test
the test applied by VLA to determine whether an applicant qualifies for legal assistance or representation in court (beyond the services of the duty lawyer on the day)
takes into account the applicant’s income, assets and expenses
if the accused person receives more than $360 per week in income after living expenses are deducted, they are not eligible
if denied, an accused can apply to have the decision reviewed by an independent reviewer, then appealed to the supreme court
state the types of assistance VLA provides for victims of a crime
free legal information
free legal advice
duty lawyer services
grants of legal assistance
explain VLA free legal information (victims of a crime)
VLA’s website has free information about the law, court processes and basic legal principles
information about:
- going to court as a witness
- making applications in relation to family violence
- how to obtain financial assistance
Victims Legal Service provides information and advice to victims through its helpline and assistance can be provided in many languages
eligibility/ available for VLA free legal information (victims of a crime)
all victims
explain VLA free legal advice (victims of a crime)
provides free legal advice and support to victims of crime about:
- how to make an application for financial assistance
- compensation from the offender
limited to assisting with obtaining financial compensation
cannot be used to seek support as a witness or other processes such as civil processes (suing)
eligibility/ available for VLA free legal advice (victims of a crime)
victims who are seeking assistance with obtaining financial compensation for loss they have suffered
explain VLA duty lawyer services (victims of a crime)
VLA provides duty lawyers in the magistrates’ court for victims of crime who are seeking a personal safety intervention order
can provide advice or legal information to help the victim understand:
- the matter they are facing
- how to represent themselves
- where to access services
- the lawyer may represent the victim in court on the day
eligibility/ available for VLA duty lawyer services (victims of a crime)
victims who are most in need of legal help
VLA’s priority category
explain VLA grants of legal assistance (victims of a crime)
VLA can make a grant of legal assistance to victims of crime in limited matters, such as to a person who is applying for:
- family violence protection order
- personal safety intervention order
may be given legal assistance by:
- a VLA lawyer
- a private lawyer (who is on VLA’s panel of practitioners) arranged by VLA to assist
grants of legal assistance cannot generally be provided to:
- allow a victim of crime to sue an accused person for compensation
- represent a victim in relation to the actual criminal case in which the accused is charged
eligibility/ available for VLA grants of legal assistance (victims of a crime)
victims who satisfy the state reasonableness test
considers various factors such as the extend of any benefit or detriment that a grant might give to the person or the public
strengths of VLA
1
free legal information is available on VLA’s website (through its online chat and resources) to everyone, including victims, regardless of their income or means
this includes information about court processes, an accused person’s or victim’s right, and basic legal principles
2
free legal advice and assistance, such as through duty lawyers and grants of legal assistance, is given to eligible people who are most in need, including people in custody and First Nations peoples
the aim is to prioritise the most vulnerable in our society
3
some legal information is provided in more than 30 languages
VLA’s website also states that its staff speak many languages and can organise a free interpreter
4
VLA uses online tools to provide legal information and legal advice, including its online chat, telephone services and website
this means that information and advice is also available to people who live in regional, rural and remote areas, not just those who live in or near the city
weaknesses of VLA
1
the free legal information available on VLA’s website may not be enough for certain people, particularly those who are charged with an indictable offence and cannot otherwise get access to legal services in other
2
VLA does not have unlimited resources, so it must apply criteria to ensure that its funding is used appropriately and targeted to those who need it the most
it is possible that some people who cannot afford a lawyer may also not be eligible for legal assistance and will therefore be left without representation and unable to properly defend themselves
victims of crime also do not get assistance such as legal representation for when they give evidence
3
the ability of VLA to meet demand for services depends, among other things, on continued funding
an increase in demand and/or constraints on VLA’s budget could mean that fewer people are eligible for legal aid
4
the extent to which VLA is able to help people may depend on whether accused people and victims of crime are aware of its existence and/or have the technological means to access free information
explain the role of Community Legal Centres (CLCs)
Community Legal Centres are a type of legal assistance service provider
provides free legal services to accused people or people who may not be able to access legal services in any other way, including:
- advice
- information
- ongoing assistance and representation
provides legal education to the community so that there is a greater awareness of rights and understanding of legal information
help victims of crime and their families and some offer interpreter services
advocate for changes to the justice system to address what they see as unfair laws, policies or practices
types of Community Legal Centres (CLCs)
generalist
provides broad legal services to people in a particular geographical area
- serve their respective local areas
- for example, Barwon Community Legal Centres
specialist
focuses on a particular group of people or area of law
- for example, YouthLaw provides free legal services for people under the age of 25
explain the relationship between VLA and CLCs
CLCs assist people in getting help from VLA
VLA refers people to a CLC if VLA cannot help them
funding of CLCs
- VLA funds CLCs in Victoria through Commonwealth and state funding
- CLCs receive grants from government or private sources
- many who assist CLCs are volunteers
eligibility/available for CLCs
the type of legal matter the person needs help with
whether other assistance is available (such as through VLA)
whether the person has a good chance of success
whether the CLC is available to assist
state the types of legal assistance CLCs provide for accused people
basic legal information
legal advice and assistance
ongoing casework
explain CLCs basic legal information (accused people)
CLCs provide basic legal information on a day to day basis
some information is online
CLCs provide people with basic legal education
for example, Fitzroy Legal Service has produced The Law Handbook, a resource available online and in hard copy, which provides legal information about criminal matters
explain CLCs legal advice and assistance
CLCs provide legal advice and preliminary assistance, such as help with:
- writing short letters
- completing forms
- applying for a grant of legal assistance from VLA
some CLCs have a legal advice service that allows people to visit the CLC with or without an appointment
examples
- Peninsula Community Legal Service offers legal advice at its night service, which is operated by a team of volunteer lawyers
- Whittle sea Community Connections Community Legal Centre attends public places in the area with its coffee van , to talk with people about their legal problems over coffee
explain CLCs ongoing casework (accused people)
some CLCs will provide casework or assistance for an accused
this involves ongoing legal representation and assistance
many CLCs do not offer assistance for indictable offences
each CLC has its own eligibility requirements
state the types of assistance CLCs provide for victims of a crime
basic legal information
legal advice and assistance
duty lawyer services
ongoing casework
explain CLCs basic legal information (victims of a crime)
CLCs provide basic legal information to victims of crime
- fact sheets
- detailed information about how to apply for certain assistance
explain CLCs legal advice and assistance (victims of a crime)
CLCs provide legal advice and preliminary assistance, such as help with:
- making applications
- filling forms
victims can attend to obtain free legal advice or can call to get legal advice and assistance
for example, YouthLaw provides legal advice over the phone, and has a helpline for young people who are victims of crime
explain CLCs duty lawyer services (victims of a crime)
some CLCs provide duty lawyer services to victims who are seeking:
- a family violence protection order
- a personal safety protection order
examples
- Women’s Legal Service Victoria provides duty lawyers at the Melbourne magistrates’ court who can give free legal advice and representation on the day in relation to a family violence intervention order hearing
- Fitzroy Legal Service provides duty lawyers at the Specialist Family Violence Court at Heidelberg magistrates’ court for family violence intervention order matters
explain CLCs ongoing casework (victims of a crime)
some CLCs will provide ongoing casework or assistance for a victim of crime
this will involve ongoing legal representation and assistance
each CLC has its own eligibility requirements
the casework will be in relation to:
- an application for financial assistance
- an application for a family violence intervention order
- a personal safety intervention order
strengths of CLCSs
1
free legal information is available on many CLC websites
for example, The Law Handbook published by the Fitzroy Legal Service is a comprehensive resource that provides accused people and victims of crime with information about court processes
2
some legal information is provided in different languages, and some CLCs offer free Interpreter services
this helps people who do not communicate in or understand English to get legal information or advice in their own language
3
CLCs provide information to help educate the community about processes and their rights
The Law Handbook can be accessed at any time, and programs are often delivered by CLCs to help educate people about the justice system
weaknesses of CLCs
1
CLCs have noted that there is insufficient funding to be able to help everyone who needs legal assistance, and that there is a service gap, which means some people are not receiving help
2
many CLCs do not assist people charged with an indictable offence, and many are limited in assisting people charged with a summary offence or victims of crime. Victims of crime may also be unable to get assistance for all the issues they face
3
CLCs may not have enough staff or volunteers to meet the needs of accused people and victims of crime
this may result in people being turned away from drop-in clinics, or in less time being given to people with complex legal issues
define plea negotiations
pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid
- take place in relation to summary and indictable offences
- take place by phone, email/letter or face to face
common outcomes/ agreement between the prosecutor and the accused of plea negotiations
the accused pleads guilty to fewer charges, with the remaining charges not proceeding
the accused pleads guilty to a charge, but an agreement is reached about the facts on which the plea is based
the accused pleads guilty to a lesser charge (a charge for an alternative offence with a lower maximum penalty)
process of plea negotiations
usually begin when the accused or the accused’s lawyer indicates to the prosecution that they are willing to discuss the charges, though either party can indicate to the other party that they are prepared to consider negotiations
usually conducted on a ‘without prejudice’ basis
any offers made by either party during the negotiations cannot be used against them if the negotiations are not successful
negotiate without fear that whatever they say during the negotiations will be used against them at trial or hearing if the negotiations fail
often extensive and take place over a long period before an agreement is reached
occur where there are multiple charges, so there is an opportunity to substitute a more serious charge for a less serious charge
prosecution determines whether negotiations succeed or fail
state the purposes of plea negotiations
to ensure certainty of the outcomes of a criminal case
to save on costs, time and resources
to achieve a prompt resolution to a criminal case without the stress, trauma and inconvenience of a criminal trial (or hearing)
explain the purpose of plea negotiations - to ensure certainty if the outcomes of a criminal case
the accused may plead guilty to the charges, thus ensuring certainty of outcome and removing the risk of an acquittal
the charges must adequately reflect the accused’s wrongdoing so victims do not think that the plea negotiations have resulted in the accused being ‘let off’
explain the purpose of plea negotiations - to save on costs, time and resources
if a plea negotiation results in an early guilty plea, it avoids the need for a trial or hearing
saves the court and the prosecution’s resources
avoids the costs and time associated with a trial (or hearing)
explain the purpose of plea negotiations - to achieve a prompt resolution to a criminal case without the stress, trauma and inconvenience of a criminal trial (or hearing)
an early resolution relieves victims and witnesses of the burden and trauma of having to give evidence
may help victims move on from what has happened
state the appropriateness of plea negotiations
whether the accused is willing to cooperate in the investigation or prosecution of co offenders, or offenders of other crimes’
the strength of the evidence, including the strength of the prosecution’s case and of any defences
whether the accused is ready and willing to plead guilty
whether the accused is represented - the prosecution may be less willing to negotiate with a self-represented party (accused person) who may not understand the processes
whether the witnesses are reluctant or unable to give evidence, which would jeopardise the prosecution’s ability to achieve a guilty verdict
the possible adverse (negative) consequences of a full trial, including the stress and inconvenience on victims and witnesses giving evidence
the time and expense involved in a trial, particularly the costs associated with running the case
the views of the victim (the prosecutor should consult the victims and take their views into account when considering plea negotiations)
strengths of plea negotiations
1
negotiations help with the prompt determination of criminal cases
this is because they avoid a full hearing or trial, and the matter can proceed to sentencing It is possible that our criminal justice system would not be able to cope without plea negotiations
2
victims, witnesses and their families, and the accused’s family are saved the trauma, inconvenience and distress of the trial process
sometimes the trial process makes victims and witnesses relive the crime and hear evidence that may be distressing
3
the prosecutor will consult with victims and may take their views into consideration when deciding whether to negotiate with an accused
4
plea negotiations provide substantial benefits to the community by saving the cost of a full trial or hearing
in particular, they save the resources of the prosecution and the court
5
plea negotiations help to make sure there is certainty of outcome for the parties
going to to engage early on in a case to try to resolve trial or other hearing risks the possibility of an acquittal
therefore, a plea negotiation can help achieve a guilty plea for an offence that reflects the crime
weaknesses of plea negotiations
1
negotiations do not need to be disclosed and can be held privately
this lack of transparency may make some people question the agreement or the reason why the prosecution decided to negotiate with the accused
2
the negotiation process may be seen as the prosecutor avoiding the need to prove the case beyond reasonable doubt, which is a fundamental principle of our justice system and upholds the presumption of innocence (some people may argue in turn that an innocent person would not enter into negotiations)
3
victims do not have a final say on whether a prosecutor negotiates with the accused (their views are not determinative on whether there will be a plea negotiation)
4
a self-represented party (accused person) may feel pressured into accepting a deal even if the evidence is not strong (though strong safeguards are in place when pleas are negotiated)
5
there may be a failure of one or both parties the charges
this can then result in costs and resources being taken up by a case that could have resolved much earlier
