Legal Practitioners (VCE SSCE Legal Studies): Flashcards

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Legal Practitioners
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Legal practitioners

Qualified lawyers providing legal advice & representation

Law Council of Australia

Peak national representative body of Australian legal profession

Plea negotiations

Pre-trial talks between prosecution & accused to resolve charges

4 reasons for legal rep in criminal cases

Lack skills, lack objectivity, protect re-trauma, judicial limits

Matsoukatidou case demonstrated

Serious risks faced by self-represented accused persons

S197(3) conditions for court-ordered rep

Won't get fair trial without rep & can't afford it

Dietrich principle

Court must stay case to allow accused to get rep for fair trial

Representation gap

Accused can't afford private lawyer or get legal aid/CLC help

Burden of proof under s197

On accused to show they can't afford legal representation

Self-represented accused

Person facing criminal charges without legal representation

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