Discuss the cost of legal representation to the accused with regards to the principles of justice (6 marks)
Could anyone suggest a good response to this? thanks
Hi!
You'd need to have an intro, 3 body paras and a conclusion.
Intro: Whilst legal representation is a right under s 25 (2)(e) of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic), high costs for the accused could mean compromising fairness, equality and access.
1st para: fairness ---> define it, how legal rep relates to fairness (accused has the right to defend their case, etc..) ----> how high costs will mean more self-litigated complainants ---> might not be fair because they don't have legal knowledge as well as a competent lawyer
2nd para: equality ---> define it, how everyone is equal under the law, regardless of ability, income, etc. So low income people may not be able to get legal rep, whereas high income earners may be able to. ---> imbalance
3rd para: access ---> define it, legal representation means access to the court system ---> there's a chance to talk about VLA means testing criteria being nicer! (net income after paying all expenses changed to ~ 360 instead of ~ 255...(I can't remember the figures) but this means more people will be able to access legal aid from VLA.
Vice versa can happen. If an accused is still not eligible after assets test, means test etc they won't get legal rep which means lesser accessibility to courts.
This is just a plan, but hope it helps!