Legal Representation & Victoria Legal Aid (VLA)

• Legal representation is needed by everyone due to the complex nature and legal jargon used in the criminal justice system.
• Specifically, when facing a serious Indictable offence that could result in imprisonment.
• A summary offence might only result in a fine

Who Needs it more

• Individuals with low socioeconomic status may need assistance paying for legal representation
• Migrants may not know or understand laws due to language barriers
• People with disabilities may not know or understand laws due to cognitive impairment
• The most disadvantaged, including the homeless and Indigenous Australians

Potenial Exam Questions include

• Explain why some people might need legal assistance
• Explain how VLA can assist the accused in a case
• Explain the role of VLA
• Discuss whether a POJ was upheld in a case

Role of VLA (Victoria Legal Aid)

• VLA aims to improve community access to justice
• VLA provides useful, free legal information on its website, including fact sheets
• Legal Help is a telephone legal service with available interpreters available by calling 1300 792 387.
• In court, duty lawyers can provide legal advice in the Magistrates' Court
• VLA can provide free legal advice and legal representation to people who satisfy their eligibility criteria
• Eligibility for VLA assistance is means-tested, considering finances, assets, and healthcare card status
• The nature of the case is considered; VLA prioritizes serious and noteworthy cases due to limited funding

Navigating the Justice System

• The criminal justice system is hard to understand due to complex rules and legal jargon
• Many people who encounter the criminal justice system are migrants, poor, have mental health issues or cognitive impairments
• The role of VLA and CLCs is to provide assistance to navigate the system

Types of Assistance from VLA for Accused People

• VLA's website offers free legal information for all Victorians on law, court processes, and legal principles.
• VLA offers legal advice in person, video conference, or over the phone.
• Help Before Court service is available for criminal charges in the Magistrates' or Children's Court.
• Duty lawyers at the court can help people on the day of a hearing
• VLA may provide a grant of legal assistance for those who cannot afford a lawyer

Assistance is available to

• Fact sheets with legal information are available to anyone charged with an offence.
• Duty lawyers are only available in the Magistrates' Court (and the Children's Court)
• Legal advice is only available to accused people who satisfy the income test and are facing a straightforward charge
• VLA has strict guidelines about who can get a grant of legal assistance in order to give money to those who need it most

Types of Assistance from VLA for Victims

• VLA's website has information about going to court as a witness, family violence protection order etc
• Advice is provided to those seeking assistance to apply for financial assistance

Assistance is available to

• Victims who are seeking assistance with obtaining financial compensations for costs endured as a victim of crime
• Duty lawyer services are provided to people who are children, adults that are disabled and needing legal help

Evaluating VLA

• The VLA website provides accessible legal information for everyone, regardless of income
• VLA prioritizes providing free legal advice and assistance to those most in need, including people in custody and First Nations peoples
• VLA offers legal information in over 30 languages and can arrange free interpreters
• Website information may not be enough, particularly those who are charged with an indictable offence and cannot get legal services by other means
• VLA's resources are limited, which can leave some without representation
• VLA's ability to meet demands depends on continued funding, which may affect eligibility for legal aid

The Role of CLCs

• Community Legal Centres (CLCs) provide free legal services, including advice, information, and representation
• CLCs focus on the most disadvantaged Victorians: people with disability, mental health issues, refugees, domestic violence, homeless, and young people
• They usually refer criminal matters to Victoria Legal Aid (VLA).

Types of CLCs

• Generalist community legal centres provide services for range of legal issues to local people
• Specialist community legal centres help those with particular areas of law; youth, woman, mental health issues, disabilities

Fitzroy Legal Service

• This is an example service because they can help with criminal matters
• Legal handbook – chapter on criminal law about fines
• Website has legal information
• Free legal advice service, and assistance with filling in forms

Types of assistance for Accused People

• CLCs provide basic legal information
• CLCs also provide basic legal education
• CLCs provide legal advice and assistance, help with forms etc
• CLCs have free legal advice services
• Some provides casework or assistance, involves legal representation and assistance.

CLCs Provide Assistance for Victims

• CLCs provide basic legal information
• Offer family violence information
• CLCs provide legal advice and assistance
• Victims are able to freely obtain legal advice
• CLCs provide duty lawyers for victims of crimes
• CLCs will provide ongoing assistance and casework for a vicim of crime

Evaluate CLCs

• Free legal information on many websites. (ex, The Law Handbook published by Fitzroy Legal Service)
• CLCs offer free interpreter
• Provide info to help educate the community of processes and rights.
• Many services lack sufficient funds to help those in need
• Do not assist with people charged with indictable offences

Access to Services

• Access means that people should be able to understand their legal rights and participate in the legal system effectively
• Access to legal services aims to help engage effectively with the criminal justice system
• Knowledge of one's rights
• Advice on how to engage with the legal system
• Legal representation in court is there to present the best possible defense because the system and processes are complicated

Links to the Principle of Justice

• For poor people, a lawyer helps put them on an equal footing with a well-resourced prosecution
• Accused should not be defending themselves against a resourced persecution because that result in an unfait trial