Criminal Justice and Legal Representation

• Criminal justice is a complex system laden with legal jargon requiring legal representation

Who Needs Legal Representation?

• Everyone needs legal representation because of the complexity of the criminal justice system and its overuse of legal jargon
• Legal representation is especially needed for indictable offenses which risk incarcerations as opposed to summary offenses that attract fines

Those Who Need it More

• People with low socioeconomic status, as they need help paying for legal assistance
• Migrants, as they may not know or understand Australian laws due to language barriers
• People with disabilities, as they may not know or understand Australian laws because of cognitive impairments
• The most disadvantaged, including homeless and indigenous Australians, who often don't have devices or internet access

Role of VLA

• VLA is intended to improve the community’s access to justice
• VLA produces useful legal information on its website, such as fact sheets
• The VLA runs a telephone service called Legal Help which offers lawyers on hand; interpreters are also available at 1300 792 387
• Duty lawyers can provide legal advice in court, especially Magi's Court, but they are generally very busy
• The VLA can provide free legal advice and legal representation for people who satisfy the eligibility criteria by undergoing finance and asset testing
• Cases of certain natures are prioritized, as VLA has finite finding, which means prioritizing the most serious and noteworthy cases

Types of Assistance for Accused People

• The VLA website has free legal information for all Victorians about the law and court processes include:
• Publications and resources, like booklets and fact sheets
• It has a public law library with books, cases, commentary, and journals
• Opportunities to speak with a VLA officer on the phone or online using their Legal Help Chat function are available
• Legal advice includes by video conference or over the phone, given about court happenings or laws applicable to a case
• The VLA’s Help Before Court criminal offenses in Magistrates; available if the court date is more than 6 days away
• A lawyer or a duty lawyer may be arranged to help accused prepare, or given advice on the day
• VLA’s assistance depends on an income test and it’s not available for indictable offenses heard in high courts or for committal proceedings

Duty Lawyer Services

• A duty lawyer is available at court on a given day to help people who are at court for a hearing
• The lawyer offers information about court happenings, offers legal advice, and can represent an accused in court that day
• They make arrangements for an adjournment of the hearing so that a lawyer can run the case
• The priority of duty lawyers is given to people who are in custody and First Nations peoples
• The lawyer does not factor in eligibility for a duty lawyer

Grants of Legal Assistance

• The VLA may give a grant of legal assistance to people who cannot can’t afford a lawyer
• Resolving matters, preparing legal documents, and representing the accused in court are all apart of what the grants may cover
• The assistance may be delegated to a VLA lawyer, or a private lawyer can assist via arrangement with VLA

Grants of Legal Assistance Avaliability

• Duty lawyers are only in Magistrates' Court and the Children's Court, but not for indictable offense trials or for committal proceedings
• Legal advice is only available to accused people who satisfy the income test and are facing a straightforward charge, prioritising people in custody
• Legal representation at a hearing is only available to accused people who satisfy the income test, and face a significant charge or belong to a category that the VLA prioritizes
• Strict guidelines exist about who gets a grant based on which accused need it most; all grants are capped
• Any benefit or detriment/disadvantage that a grant might give to the person or the public factored when deemed available

Types of Assistance for Victims

• VLA's website has free information about law, court process and basic legal principles with information about going to court as a witness is available
• Victims can have matters related to family violence heard and information about financial aid
• VLA launched the delivered Victims Legal Service in partnership between a service that provides information through its helpline in 2023
• This gives free legal advice and support to crime victims on how to make an application for financial assistance, CA, or get compensation from the offender
• Victims that re seeking financial compensation can seek the assistance of victims legal advice
• The help can't be used to seek assistance for other processes

Duty Lawyer Services for Victims

• VLA furnishes duty lawyers in the Magistrates' Court for victims of crime who are seeking a personal safety intervention order
• The duty lawyer aids with giving advice or give legal help to help victim understand matter, how to represent themselves, where to access services
• In several situations, the lawyer can represent the victim in court on the day

Grants of Legal Assistance for Victims

• As the VLA has parameters for its strict guidelines that determine when it'll provide a grant to victims
• While no income test occurs to the children and adults that have certain prioritizations occur, such as a disability
• VLA can make a grant of legal aid for victims in certain matters, such as applying for family violence protection order or personal safety intervention order
• The victim is given legal assistance by a VLA lawyer, or VLA may get a private lawyer aid(who is on VLA’s practitioners' panel)
• Grants can’t generally be give to victims to sue accused or to perform them in connections to the trial
• The state reasonableness test occurs where numerous issues are factored such as any advantage a grant might provided to victim/public

Evaluate (Link to POJ)

Strengths

• Free legal information is on VLA's website (through its online chat and resources) to everyone, regardless of income
• Information includes court processes, an accused person's or victim's rights and basic legal principles
• Free legal assistance such as the grants of legal assistance and duty lawyers is prioritized to those in need
• Information in VLA is provided in 30 language, and staff offer interpreter

Weaknesses

• Free legal info on VLA's website not enough, for those with an indictable offence and cannot get service otherwise
• VLA has limits on money, so criteria is needed and some who can’t afford aren’t elligble
• Victims don’t get legal help like legal rep when giving evidence in court
• VLA’s service to meet demand depends on constant funds cuts on budget, increase in demand that means less gets aid

The Role of CLCs

• They provide free legal services, like representation, advice and information, to people who lack the access
• They zone in on the most disadvantaged people: refugees, people with violence, mental issues, people who are homeless
• CLCs usually pass on criminal problems to the VLA

CLCs

• Generalists Community legal centers are facilities that are in people’ area
• Specialists gives help to certain parts of the population
• Specialist CLCs help people and certain location like; job, home owner rights, people who need guidance

Fitzroy Legal Service

• It aids its standards on it for how to let its members come
• Legal handbook has fines chapter
• Website that has data to guide/give information
• Legal procedures like: How bail works and right to silence
• The group have free legal aid in time frame

Assistance Types

Assistance for Accused People

• Centers give information for those with assistance online that guide those from legal center and those
• People are given legal advice and assistance they are writing letters and legal filling
• Legal aide service gives people with without appointment and legal information
• Casework by the centers help accused and others

Assistance for Victims

• Information is on hand for the CLCs to inform from people that know info
• CLCs gives advice and give legal aide; gives to the people to know what to do and get help
• Legal duty is to give guidance to the parties that need orders in form in protection
• The centers gives casework that helps accused and victim

Evaluate (Links to POJ)

Strengths

• Free data and information is online ex: publication by FLS
• Different languages are used and interpreters
• Gives information to educate their duties

Weakness

• Not enough funding to help people
• Does it aide a summary offence
• May not aide with amount depending on the people and their troubles

3.1.6 Definition of Access

• People understand the ability to participate and its rights
• Legal aid access so can be active in system
• Guide on how to involve in system (VLA can provide)
• Legal in court to represent self and what is best (the system/method is complex)

Links Can Be Made With People to Connect

• Fairness: not make accused hold self to stand because has resource defense
• Equality: for poor who can’t bare Lawyer it assist in equal setting with other parties and lawyers

Plea Bargain

• Plea agreements: arrangement in 2 sides accused/defense they agree in court they are guilty in charges to bring down consequences
• 2 Reasons: to get conviction because the accuse is guilty, to resolve case and have them pass without cause and issues

How to Consider Parties

• Parties to be appropriate, all sides/ parties of trial, and courts/society views

If NOT Appropriate for Accused

• Force/persuade innocence/high crime of the party
• Lack of evidence unreliable
• Access to the lawyer of the group isn’t on fair setting

If NOT Appropriate Plea Deals

• If pushing innocent to guilty with high term
• A plea of the case does not match the crime and the feeling on the the matter
• If prosecution case has week sides a test of the fairness is not tested

If Plea is Appropriate

• Not to force/persuade guilt
• The person/people can take/ trust because trust the group and know what justice is (KEY POINT)
• Side/Victim and others need less pain an pain

Court

• Course in system its structured in base of how they take/hear severity and what has to be solved

Specialism of Court

• Courts ability to build areas to develop in to
• Supreme court: appeals
• 2nd Level: crimes serious: murder/manslaughter
• County Court: in deep/complex trials of rape and homicide
• Magistrate Court needs dealt with quickly

Court Appeals

• Course of action or side that takes legal cases to a high court depending on choice
• Legal Cases (legal case fairness) it has make sure made no mistake and there have not been mistakes

Victoria Appeals Can Be

• A side to the trial they can case on choice

How to Know Appeals

• Can’t is kept and overturn eg in cases to verify trial fact
• Bias of courts and mistake to evidence
• Court given wrong order
• Sanction to rough in cases base on cases

Judges

• Making positive a case if managed in process (make sure follow step by step)
• Course it must follow guidelines and make case know fact and evidence to parties involved and given

Jury

• Making positive a case if managed in process ( make sure follow step by step in court
• To court and juries the cases by doing, issues or what is fact and given
• Guide jury about what has to be told and not and given

Summurize and Rules

• If accused or found done right court will give a hearing and given hearing time

Judges are:

• The parties if followed in order make the court (must be managed) is clear to be bias
• The courts: giving to other parties data to what the rule is and the cost

Juries

• Are on all given and trial base an mind to give order/tell what will
• Listen to all evidence that goes through

Jury Responsibilities:

• Take a point to the jury in deliberating over case story
• A point that in case if the defendant is or isn’t correct one
• If not decision will come to light a decision can made instead with jury member

Jury Factors for the Process

• Base order if jury is on (with little to no search)
• Put aside (being open/equal)
• Underestimate: social can be done for being bias

Roles of the Parties:

• The people they charge cases to the courts
• Is person/the party they will bring cases to

Actions Done?

• Giving the opening in guide to have parties come to sides

Duties:

• Be the case for documents and parties to case
• Not hide or be negative to the count
• Sides: given and fair is legal to what told to them.

Court Link to Rights Strengths & Weakness

• A group legal of the trial the person through to system for legal case
• Person and lawyer are skilled in doing decisions
• They don’t stall and can keep other on track because they are aware.

Weakness

• If people aren't even they legal or in the group
• Give all time to other because of mental and language etc, even if it's a aid

What Are Delays:

• The act or hold up trail.
• 2 issues
• Waiting on case prepare
• Wait during the session

Racial Issues

• First Nation people show racial biases as 28% are in jail
• 50% if youth is first Nation
• Common traits on issues
• Inherent distrust can affect contact (to past issues)
• Complexity makes case without people.

Costs

• Hard or hard depending on cost which can cause cases to to need funds which not all have or receive in a aide

To Know a Case

• Hard trail if not shown information from legal rep
• Codified: CPA the process in aide.
• Cost: legal fees; is given (15k/day)

How Much Can Cost?

• Can aid (legal) to a few
• Test because amount is test based
• Can't given, but need aide (because the limited aide there is)

What is To Take To The Law?

• Fair trail for to get right legal
• complex trial= the person

Judge

• Has the aide people not being shown or explained

Jargon Trick

• Sing or remember like songs that the people have gave.
• Denunciation: rough punishment to be given ex: Grenada case 2016 for violence and sentence
• Deterrence: The issue of bad that happen which case person not to do to crime/cause in time e.g.: the deferer case in 2017 the crime was not deter people
• Protect: Keep community from violence/act (jail them to keep at safe) e.g.: madigan 2016, life and rape to make community feel in peace Punish: the crimes make feel justice e.g.: Banek/murder and not follow to those acts

FINS - PDD

• (FIN) Fines in state from rules
• People or cases must match punishment (those that the state has)
• Can a form

CCO's RPD

• Not follow with jail in the community by a group
• The course has rules (the team says)
• Can given the chance? Which there are (by team or case given)
• CCOS - the to work is match with the amount

Jail Purposes DRDPP

• Not follow a rule punishment from loss and right is what there for/keep to society safe.
• Test - Can Test what has by offering (the data)
• Rules to has a lot.