Role of Legal Aid (1 Viewer)

[sally05]

can someone please give me an outline of the role of legal aid because my textbook just tells me what it is and the tests ie merit, jurisdictional...
i understand the role generally but i need more detail for a response that could possibly be worth 4 or more marks
any help would be great

 

[Aimz- Lou.]

Legal Aid is designed to make the law more accessible by providing financial assistance to those who would not toehrwise be able to afford legal assistance. It is supposed to make the system more equitable, as you don't have one party with a fantastic lawyer and one party defending themselves because they couldn't afford a lawyer. Obviously, the system is flawed, but it is better than having nothing at all. You said you knew about the tests - just remember that the merit test doesn't apply for those who are being tried under the criminal system, or for children.

hope that helps.

 

[still waiting]

i just wanted to add that legal aid is not available to all people in some instances of family law as depending on what you need it for is a voluntary legal thing (this doesnt apply to children) anyways i wasnt sure if u knew that or not......

 

[sally05]

thanx for the replys...it really helps!

 

[goan_crazy]

Also when ur talking about legal aid, u might like to mention Dietrich v. queen
it set the precedent that the accused has the right to legal aid.

 

[hYperTrOphY]

Also when ur talking about legal aid, u might like to mention Dietrich v. queen
it set the precedent that the accused has the right to legal aid.

Are you sure about that? My understanding is that the High Court ruled that there is no absolute right to have publicly funded representation, but in most circumstances a judge should postpone a case when a person cannot afford legal representation in a serious matter.

 

[hYperTrOphY]

Although irrelevent to your exam, some mayb be interested to know that Dietrich was released on parole in July 1990, and he quickly changed his name to Hugo Rich. He has subsequently been jailed for a range of offences including armed robbery and threatening to kill a detective. As of 2005, Rich is in Port Phillip Prison, awaiting trial on firearm charges. He is also being investigated for the murder of security guard Erwin Katsenberger during an armed robbery in Blackburn North, Victoria on March 8, 2005.

 

[Jago]

ooooh that is interesting.

anyway Dietrich v the Queen set the precedent that Legal Aid SHOULD be available to all defendants, but it's not necessary. Unless, they're likely to be jailed or the other circumstances other people have already mentioned.

 

[tWiStEdD]

ARG!!!

The High Court in Dietrich v R 109 ALR 385 stated at 397 that “Australian law does not recognise that an indigent (poor) accused on trial for a serious criminal offence has a right to the provision of counsel at public expense” but they do recognise that (at 439) “if fairness requires legal representation there can be no trial without it.”

[edit]
there is a legally protected (assumed) right to a FAIR trial. this is the effect of Dietrich.
[/edit]

That is what hypertrophy refers to but none of you hit the nail on the head.
at any rate... use this quote and you'll be godly in the exam. hahaha.

 

[Ziff]

Yeah, what twistedd said. There is no legally enshrined right to legal aid. There is merely a right to a fair trial, but what is a "fair trial" is discretionary

 

[tWiStEdD]

thanks, Ziff. You're due over here for beers.... 10 minutes ago now. i can hardly drink on my own at 5.30. HURRY!

 

[rnitya_25]

the role of legal aid is basically to aid those people in need to legal help when they are about to go to court if they are the accused. you must pass the means and merit test in order to qualify. it helps those financially incapable of paying for legal representation.

 

[tWiStEdD]

wow. did you get that right from the text book?

 

[paper cup]

ARG!!!

The High Court in Dietrich v R 109 ALR 385 stated at 397 that “Australian law does not recognise that an indigent (poor) accused on trial for a serious criminal offence has a right to the provision of counsel at public expense” but they do recognise that (at 439) “if fairness requires legal representation there can be no trial without it.”

[edit]
there is a legally protected (assumed) right to a FAIR trial. this is the effect of Dietrich.
[/edit]

That is what hypertrophy refers to but none of you hit the nail on the head.
at any rate... use this quote and you'll be godly in the exam. hahaha.

no what you do is paraphrase and say that the case enforced legal representation was a right in serious cases such as murder , in R v McInnes or the other way round it was enforced that there is no such definite right

 

[rnitya_25]

wow. did you get that right from the text book?

no i thought of it on the spot. why? is it really that good?....!!!!!!