LAWS108 Lecture Notes - Lecture 9: International Covenant On Civil And Political Rights, Pro Bono
16 May 2018
School
Course
Professor
LAWS108 Lecture
Week 9 – Duty to the Community
Access to Justice
- Equality of access to legal services
o Ensuring that all persons, regardless of means, have access to high quality
legal services or effective dispute resolution mechanisms necessary to
protect their rights and interests
- National equity
o Ensuring that all persons enjoy, as nearly as possible, equal access to legal
services and to legal service markets that operate consistently within the
dictates of competition policy
- Equality before the law
o Ensuring that all persons, regardless of race, ethnic origins, gender or
disability, are entitled to equal opportunities in such fields as education,
employment, use of community facilities and access to services
ICCPR Article 14
- 3 in the determination of any criminal charge against him, everyone shall be entitled
to the following minimum guarantees, in full equality
o (b) to have adequate time and facilities for the preparation of his defence
and to communicate with counsel of his own choosing
o (d) to be tried in his presence, and to defend himself in person or through
legal assistance of his own choosing; to be informed, if he does not have legal
assistance, of his right; and to have legal assistance assigned to him, in any
case where the interests of justice so require, and without payment by him in
any such case if he does not have sufficient means to pay for it
Dietrich v R (1992) 177 CLR 292
- It should e aepted that Australia la does ot reogise that a idiget
accused on trial for a serious criminal offence has a right to the provision of counsel
at public expense. Instead, Australian law acknowledges that an accused has the
right to a fair trial and that, depending on all the circumstances of the particular
case, lack of representation may mean that an accused is unable to receive, or did
ot reeie, a fair trial
Limited to certain proceedings
- High Court in Canellis
o There is o suggestio i the ajorit judgets that a ourt ould eerise
a similar jurisdiction in civil proceedings or in committal proceedings; nor do
they suggest that such a jurisdiction could be exercised in favour of an
idiget perso harged ith a riial offee hih is other tha serious
Post Dietrich
- Arguments made about the flow on effect of Dietrich
o Directs funding to criminal law away from other areas, e.g. family and civil
find more resources at oneclass.com
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Document Summary
Equality of access to legal services: ensuring that all persons, regardless of means, have access to high quality legal services or effective dispute resolution mechanisms necessary to protect their rights and interests. National equity: ensuring that all persons enjoy, as nearly as possible, equal access to legal services and to legal service markets that operate consistently within the dictates of competition policy. Equality before the law: ensuring that all persons, regardless of race, ethnic origins, gender or disability, are entitled to equal opportunities in such fields as education, employment, use of community facilities and access to services. Dietrich v r (1992) 177 clr 292 (cid:858)it should (cid:271)e a(cid:272)(cid:272)epted that australia(cid:374) la(cid:449) does (cid:374)ot re(cid:272)og(cid:374)ise that a(cid:374) i(cid:374)dige(cid:374)t accused on trial for a serious criminal offence has a right to the provision of counsel at public expense. All categories of pro bono services (2) above, as well as activities to improve and enhance the administration of justice and the legal system.
