Principles of Justice: VLA and CLC roles

• Principals of justice highlights the need for access, equality, and fairness in the legal system
• Access ensures all individuals can effectively use the legal system
• Equality ensures everyone is valued the same under the law
• Fairness means each party has an equal chance to present their case impartially

Role of VLA and CLC

• VLA and CLCs assist both the accused and victims
• The VLA offers free legal information, advice, and representation to achieve just outcomes
• VLA services are available online, over the phone, and in offices around Victoria, in 34 languages
• Duty lawyers are present in the magistrate court providing summaries
• Ongoing legal representation is granted for indictable offenses if eligibility criteria are met
• Victims receive information, advice, and support regarding processes, procedures, and how to apply for Victims Crime Assistance Tribunal

Community Legal Centers (CLCs)

• CLCs provide information, advice, assistance, and access to legal representation
• CLCs provide duty lawyers in the Magistrates Court
• Generalist CLCs serve a geographical area
• Specialist CLCs cater to specific groups like youth or animal law

Strengths of CLCs

• Some CLCs offer legal information in different languages with free interpreter services
• CLCs educate the community about their rights and legal processes through resources, like the Law Handbook

Weaknesses of CLCs

• CLCs often cannot assist people charged with indictable offenses or have limitations assisting victims of crime completely.
• CLCs may lack sufficient staff or volunteers to meet the demand, resulting in turning away people or less time spent on complex cases

Plea Negotiations

• Plea negations involves informal discussions between the prosecution (OPP/DPP) and the accused (with legal representation)
• The goal is to obtain an early guilty plea for fewer or less severe charges

Appropriate Plea Negotiation factors

• The accused showing willingness to plead guilty
• The OPP/DPP's evidence is not strong enough to satisfy all charges
• Witnesses being unwilling to testify
• The accused is aware of their rights and understands the process and impact

Inappropriate Plea Negotiation factors

• Cases that attract significant media attention because it may appear non-transparent
• The legal system does not appear to have a justification
• The charges do not accurately reflect the nature of the offense
• Victims are not consulted

Reasons for Court Hierarchy

• Court hierarchy exists with ranks of importance
• Specialization allows expertise
• Each court has its own original and appellate jurisdiction
• The judge/magistrate has knowledge of legislation/precedent, court processes and procedures
• Grounds for appeal include verdict, sanction (severity/leniency), point of law and question of fact

Role of Personnel in Criminal Cases

• Judge/Magistrate must act impartially, direct the jury, ensure rules of evidence and procedure are followed, sentence the offender, manage the trial, determine the verdict and complete committal hearings

Jury

• The jury is the 'decider of facts'
• They determine guilty or not guilty based on evidence presented at trial

Jury Responsibilities

• Paying attention to evidence
• Concentrate during deliberations
• Seek clarification from the trial judge if required
• Represent a cross section of society
• Provide a trial by one’s peers

Legal Parties Responsibilities

• Report the crime, partipate in providing evidence and seek legal representation

Need for Legal Representation.

• Solidicoters deal with Magistrates Court
• Barristers deal with Country/Supreme Court
• Knowledge of the legal system, legislation and precedent
• They provide Opening and closing addresses, question witnesses, complete Examination in Chief, Cross Examination & Re-examination
• They prepare your case, call on evidence, call on expert witness
• Their Primary obligation is to the court
• They Provide information re-sentencing like; Migrating factors, Aggravating factors, Victim impact statement, Character witness

Sanctions

• Punishment focuses on Protection (safety), deterrence (Specific the offender and General the community),
• Punishment (retribution), Rehabilitation (address the underlying issue 'reform'), Denunciation (disapproval)
• Types include; Community Correction Order (non-custodial order), mandatory, optional/additional, Fines, and Imprisonment

Sanction cost

• Fines: Current penalty unit $197.59, sum paid by the offender to the state
• Imprisonment: Remaining offender from society and diminishing their civil liberties

Sanction Factors:

• Mitigating, decrease culpability/decrease severity of sanction
• Aggraviating, increase culpability, increase severity
• Early guilty plea
• Victim impact statement, social, emotional, physical, financial

Victorian Legal Aid (VLA)

• Independent statutory authority established under the Legal Aid Act 1978 (VIC)
• VLA aims to support improved access to justice in Victoria and provide limited representation services and advice.
• VLA operates independently from the government.
• VLA's vision is to be a government agency that provides free legal information to the community, and legal advice and legal representation.
• VLA provides Legal Aid in the most effective, economic and efficient manner

Objectives of VLA

• Manage resources to make legal aid available at a reasonable cost to the community and on an equitable bias through VIC
• Provide the community with improved access to justice and legal remedies
• Pursue innovative means of providing legal aid to minimise need for individual legal services in the community
• Ensure the coordination of the provision of the legal aid and legal assistance Information so that it responds to the legal and related needs of the community

Types of Legal Aid for an accused:

• Legal aid includes free legal information available on the VLA website for all Victorians about law, court processes and basic legal principals
• Also includes free legal advice offered in person by video conference or over the phone
• Includes free duty lawyer services where lawyers are at court available on a particular day and who can help people who are at court for a hearing on that day
• Grant of legal assistance