Evaluation of the ability of Victoria Legal Aid to achieve the principles of justice
- The task word ‘discuss’ require students to consider both sides of something. In this case, ‘discussing’ the ability of Victoria Legal Aid to achieve theprinciples of justice requires students to write about relevant strengths and weaknesses of VLA. Responses will vary according to the arguments selected.
Arguments in support of VLA achieving the principles of justice include:
- Duty lawyers ensure that every person belonging to a vulnerable group, and every person facing significant charges, has the opportunity to access expert legal information and advice before entering the courtroom
- Public funding for legal assistance helps protect the criminal proceeding rights contained in the Victims Charter, and the right to a fair trial. Natural justice can only be achieved if the outcome can be based on a full examination of the evidence and informed choices made by the accused.
- Having the accused represented by a trained lawyer helps the court operate more efficiently and ensures the best legal arguments are put forward to base the outcome and any appeals on. The court cannot support any arguments or evidence that aren’t put before it.
- Legal representation helps achieve equality between the parties, because the prosecution will always be represented by trained, experienced lawyers.
- VLA treats members of the public who come from marginalised or vulnerable groups as priority clients. This targets assistance to the most disadvantaged groups, and helps VLA develop specialised knowledge in matters affecting those vulnerable groups.
- VLA publishes its legal information materials in over 20 different languages. This increases access to legal knowledge for non-English speakers in the community.
- The mix of private and public legal practitioners helps the accused access to choice regarding which lawyer has the best experience to help with their particular legal problem. VLA also has the ability to take on cases in-house if the matter is of public significance and functions as advocacy work for the community.
Arguments against VLA achieving the principles of justiceinclude:
- VLA relies on the Legal Aid Fund, and it cannot supplement this with private funding arrangements. When state or federal governments reduce funding, or change laws relating to police, bail and crime, VLA’s work is vulnerable to being underfunded and more people lose access.
- VLA acknowledges that there is a gap between people whoqualify for full legal assistance and people who can affordto engage their own legal representatives: the means testrequires that an accused person be $100per week below thepoverty line.
- The capping of VLA representation may place restrictions onthe scope of an accused person’s defence. An accused personmay be more likely to plead guilty if they do not have anadequate defence for their case, or if VLA will only agree tofund a guilty plea (based on the merits test and the reasonableprospects of success).
- The task word ‘evaluate’ require students to consider both sides of something, as well as express an opinion judging the relative strengths of the arguments. For example, a student might argue, based on evidence when referring to the arguments for and against Victoria Legal Aid, that it does achieve one principle of justice. Responses will vary according to the arguments selected.