How do we ensure justice is achieved within the legal system?

Elements of an Effective Legal System 1. The Entitlement to a FAIR and UNBIASED hearing 2. Effective ACCESS to the legal system 3. TIMELY resolution of disputes

Entitlement to a fair and unbiased hearing Standard and burden of proof The jury Legal representation The right to silence The rules of evidence

Entitlement to a fair and unbiased hearing Example: The Koori court which provides a culturally sensitive court for SENTENCING. Reoffending rates have reduced by half Focus on accountability and an opportunity for defendants to tell their story.

Effective Access to the legal system Legal Aid (Online advice, access to legal representation) Interpreters (Used for language barriers) Tribunals (VCAT provides informal, timely, less costly dispute resolution) ADR (Mediation, Conciliation, Arbitration) Right of appeal (Court hierarchy) Committal hearings (Pre-trial procedure)

Timely resolution of disputes Pre-trial procedures (Committal hearings streamline actual trial, reduces delays in gathering evidence and witnesses)

Timely Resolution of Disputes Strict rules of procedure Ensures there is a consistent and deliberate procedure that all parties have to following. Understanding of this process also reduces delays.

Timely Resolution of Disputes Specialist courts Each court specialises in their respective jurisdiction, this means that resource allocation is more efficient and disputes are dealt with in a timely matter due to reduced adjournments.

What prevents these principles from being adopted? Financial Restraints: To go to court, you must have legal representation. There is a huge shortage of funding for Legal Aid and most people can’t afford to make claims. If you do manage to go to court, it is a huge financial commitment and may take a long period of time to be resolved. This prevents people from seeking justice through the court system

What prevents the principles from being adopted? Structural Restraints: Pre-trial, trial and post-trial procedures all take up massive amounts of time. There are low numbers of judges/courts in comparison to the number of cases. This = DELAYS. In many cases, even if people get to court, they still feel a sense of injustice because it has taken so long.

What prevents these principles from being adopted? Social/Cultural Differences: Trials are conducted in ENGLISH with strict rules of evidence and procedure followed. People who speak another language have cultural influences or social customs that don’t necessarily fit within our rigid system. This means some people are disadvantaged from the beginning.

Social/Cultural Differences contd. These differences lead to nervousness/confusion/intimidation for those facing an intimidating court room and this can, in turn, affect the way they are perceived by the judges and juries. In some cases they are unable to communicate their cases/ideas properly to the court, or indeed, their legal representation.