Access tojustice, KEYWORDS: towards accesstojusticeandfairtrial thatcontribute Studentswillbeable toidentify someofthemainfactors • OUTCOMES: applicable tocontextsrelevantthemselves asyoung peoplelivingintheUK Studentswillunderstand • relevant totheconceptsofaccessjusticeandfairtrial Studentswillanalyse andevaluatedifferent situationsandidentifyinformation • perspectives Studentswillexplorethe • OBJECTIVES: comprehension, Aural FUNCTIONAL SKILLS: Independent enquirers, PLTS: Lesson Four -LessonPlan
Access toJusticeand legalaid, listeningfor gist, andreflective creative learners thinkers Lesson Four: fairtrial, are how theconceptsofaccess tojusticeandfairtrial fromdifferent issuesofaccesstojusticeand fairtrial Fair Trial independenceandimpartiality, for relevance information sorting reasonableness 79 Lesson Four: Access to Justice and Fair Trial 80 Lesson Four: Access to Justice and Fair Trial cannot afford itiscalledlegalaidandthisakeypartofbeingabletoaccessjustice. to payforit.Havinglegaladviceandrepresentation incourtpaidforyouwhere you court whateveryourcircumstances, includingthesituationwhere youcannotafford legal process. This meansbeingabletohavelegaladviceandrepresented in Both sidesinvolvedinthedisputeneedtobeequippedfortheirinvolvement elements thatare necessaryforafairlegalprocess. everything leadinguptothetrialmustbefair. Inthislesson,wewilllookatthe achieve justiceforbothsidesinvolvedinthedispute,process ofthetrialand trial systemincourtsandtribunals.Inorder tobeablegetafairoutcomeand We havelearnedthatthewaydisputesare resolved inthiscountryisthrough the Read thefollowing: 4.1 Introduction: Access toJusticeandFair Trial P 3. 2. lawyer. Malta In testimony/ http://www.fairtrials.org/publications/videos/vulnerable-suspects-in-the-eu-client- International. 1. asaclass. discuss theanswers Briefly While theyarelistening, Play this Watch the video about a 16 year old being questioned in Malta. As you watch, questioning thisyoungperson. down what you think was and write not fair about theprocessofarresting – Instructionsfor teachers(10minutes) 4.1.1 STARTER ACTIVITY: Arrested inMalta when Hewaslaterclearedofallcharges. the 5-minute video he was video, ‘Vulnerable 16,
James where give thestudentsfollowing instructions: Suspects Milton he was (not in interrogated the his EU’ real
– Client name) for over Testimony talks five about hours –
by his without Fair arrest Trials in a were notmadecleartohim His rights He wasmadetofeel intimidated His parentswere notallowed tobetherewhenhewasquestioned He didnothave alawyer Sample answers: Answers may include: - Background for teachers 4.1.2 STARTER ACTIVITY: Arrested inMalta 81 Lesson Four: Access to Justice and Fair Trial 82 Lesson Four: Access to Justice and Fair Trial 4.2 Access toJustice MAIN ACTIVITIES You thefollowing totheclass: may wishtoreadorparaphrase benefits thatweareentitledtounderthelaw. outcome,best chanceofgetting the right of themanyimportant andisone outcome?’ the right able to be togetaccessjustice gives usthe This right So what we areasking is ‘What do weneedin order tobeable toachieve the ‘fair process’ which gives thebestchance of leading to the ‘right outcome.’ Think back to whatwediscussedin the previous lessonaboutjustice being – Teacher-led introduction 4.2.1 Access to Justice Imagine thissituation: window. crowd whichescalates. can’t quiteseewhat’s happening, in ordertogethome. 2. you arenotable togetpast. and thattheirfamilieswillfinditdifficulttogetby. but you canhearthemsaying somethingaboutrecentcutstothebenefitssystem, people shoutingloudly andholdingplacards. 1.
You standatthe backofthecrowd, You crowd arewalkinghomefromschoolwhenyou of comeacrossalarge – Printoutsfor students 4.2.2 ACTIVITY 1-CaughtUpIn A Protest
This setsthecrowd off,
theprotest. aroundmonitoring There arepoliceofficers Someoneinthecrowd throws abrick,
tothrow things. andsoonmany peoplestart but suddenly, hopingtosqueeze throughwhenyou can
You arenotsurewhatishappening atthefront of the ascufflestarts
They areblocking thestreet so smashingashop
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83 Lesson Four: Access to Justice and Fair Trial 84 Lesson Four: Access to Justice and Fair Trial What willyou needinorderfor justicetobedone? do atthispoint. 4. 3. a policevan. being arrested. are unable tomove. you have beenpushedtothemiddleofcrowd.
involving thecrowd Soonthereisastruggle andtheofficers. You arenottold whatisgoingtohappenandyou don’t know whatyou should
You suddenly feel ahandonyour shoulderandyou areguidedinto
You togethome, were justtrying Police andyou vehicles realisepeopleinthecrowd arrive are andendedupbeingarrested.
You andyou feel frightened
You realisethat
Police Advice Lawyer some ofyour own too. to bedone. You can usesome of thefollowing key words to helpyou, and add In the box below, write down what you think you will need in order for justice
Fairness Trial Money Freedom My rights Court Parents 85 Lesson Four: Access to Justice and Fair Trial 86 Lesson Four: Access to Justice and Fair Trial P could beomittedfor moreadvancedstudents. done. and also with in If access tojusticedown intotwo components. understand All I needafairtrial. I needsomeonetorepresent meincourt. I needtobeableexplainmy situationandtotellmy sideofthestory. I needtounderstandwhatI’mbeingaccusedof. I needtounderstandwhatisgoing onandwhatmighthappen tome. at apolicestation. less worried ifmy parents couldbepresentI ambeingquestionedandheld while I needtophonemy parents so that they know whatishappening. Iwould feel me whatmyI needsomeone totell rightsare andwhatthepolicecanorcan’t do. or more generally Iwould needlegaladvice. I needthelaw explainedtomeand to know whatmy positionisunderthelaw, SAMPLE ANSWERS: there the of what be the
The - Background for Teachers 4.2.4 ACTIVITY 1: CaughtUpIn A Protest - Instructionsfor Teacher (15minutes) 4.2.3 ACTIVITY 1: CaughtUpIn A Protest folder these acted are students. they box the access called are out would facilities with
by Ask valid ‘Videos’ to word the justice need students answers, to class.
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87 Lesson Four: Access to Justice and Fair Trial 88 Lesson Four: Access to Justice and Fair Trial Read thefollowing: availability has been decreased in some areas such as criminal law.availability hasbeendecreasedinsomeareassuchascriminal debt, welfare andfamily law(except in exceptional circumstances) andits that legal aid is no longeravailable areas oflawsuch as housing, in certain because it could notafford tocontinuekeep legal aid asit was. This means andsaysthatit has hadtomake cutstothelegal aid budget kind intheworld theUKlegalexpensivemost as the aidsystem its of system Justice describes Recently the government has made some changes to legal aid. of The Ministry fight theircaseincourt. lawyer wouldnot be able to have legal advice andwouldnot have anyoneto in court.dispute represented legal aid,Without thosewhocouldnotafford a for a lawyer you will have onepaid for sothat you can have yoursideofthe Where the case goes to court, having legal aid means that if you can’t pay the best option is for youto have the best chances of succeeding with the case. thedetailsofcase,given helptounderstand be whatthelawisand cannot afford topayfor it. This meansthat even ifyoucan’tpayfor it, youwill tothosewho Legal aid istheprovision ofadviceandrepresentationincourt – Teacher-ledintroduction 4.2.5 ACTIVITY 2: Legal Aid intheUK
withtheclass: Brainstorm Before you listentotherecording: negative impactonaccesstojusticeintheUK. The generous intheworld. aid, budget The people. certain legal You
the people are impact on equality and fairness intheUKlegalimpact onequalityandfairness system? Why? Do youthink cuts to thelegal aid budgetwouldhaveapositiveornegative Who doyouthinkcutstothelegal aidbudgetmightaffect? government aid – Printoutsfor students 4.2.6 ACTIVITY 2: Legal Aid intheUK cuts
government budget. going you within
to
Neil Kerr, funded by legalaid Raymond Public Prosecutions Lord The will says hear the cuts says hear Macdonald that justice three dealingwithfamily law barrister have that being Shaw, due legal the system made
interviewed partner to QC, legal professionals economic legal
and criminal aid in aid to system a think law
legal unavailable challenges barrister talking firm the aid. would
cuts whose Even about for and it still will is with certain be work former necessary recent have one the includes situations an cuts of Director cuts important the to to to make work most legal and the of 89 Lesson Four: Access to Justice and Fair Trial 90 Lesson Four: Access to Justice and Fair Trial QC Macdonald Lord Speaker Neil Kerr Shaw Raymond points. Don’t thought aboutwiththeclass: Note As you listentotherecording: Who doyouthinkcutstothelegal aidbudgetmightaffect? impact on equality and fairness intheUKlegalimpact onequalityandfairness system? Why? Do youthink cuts to thelegal aid budgetwouldhaveapositiveornegative down worry in if the affect? Who willcuts you table cannot what write each down speaker (-) impact? or negative Positive (+) all thinks the answers about
the – just questions Why? listen you for the have main just you were notentitledtolegalaid. If 2. andonefor thepoor.could beonequalityofjusticefor therich Lord 1. Discuss insmallgroups: After you listen: you entitled tohaveitpaidfor themby thestateandwhy? b) Should peoplewhocannot pay for legal advice andrepresentationbe ifyoucanpayfor it? service that youshouldbeable tohaveabetterquality of a) Doyouthink it is right Macdonald completed Activity QC
said
1,
that go
back What would theconsequenceofthatbe? a reduction to the situation in legal of aid your might arrest
mean and that imagine there if 91 Lesson Four: Access to Justice and Fair Trial 92 Lesson Four: Access to Justice and Fair Trial P Before studentslisten: on theCD-ROM. Play (This isanoptionalacitivity.) back totheclass. These different evaluatetheopinionstheyhave pointsofviewandcritically heard. This After studentslisten: opinions oftheinterviewees. them points Students theissueoflegalaid. them totheconceptsofjusticesurrounding The As studentslisten: have theseconcepts. grasped well-formulated think The purpose the purpose section about to (25 minutes) - Instructionsfor teachers 4.2.7 ACTIVITY 2: Legal Aid intheUK questions in audio understand the should what of interviews is of recording this intended or this
be are they articulated activity encouraged everything best pre-listening are rather ‘Legal discussed to about is
to provide Aid at than that encourage to to this brainstorming in in listen is hear. write the said small stage. students
UK’ Don’t for in down active
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we exploretheconceptofequalaccesstojustice, In Lesson acquitted be realise to has to may Some entitled tohaveitpaidfor themby thestateandwhy? b) Without equalityandfairness, factorsuchasluck. but toanarbitrary orsacrifice effort in greater a justification who between interests afford - state. advice Exercise The ifyoucanpayfor it? service 1. end upwithaconviction. ended advice they Students been This that be? imagine if you werenotentitled to legal aid. What would theconsequenceof 2. applicationofthelaw throughafairprocedure. correct - Background andanswers for teachers 4.2.8 ACTIVITY 2: Legal Aid intheUK In a) Do you think it is right that youshouldbeable tohaveabetterquality of a) Doyouthink it is right poorer Lesson give justice, stressed an areas entitle students wouldn’t Two,
question cannot. The consequenceofreducinglegalaidisthat: If youcompleted Activity 1, and gobacktothesituation ofyourarrest Should peoplewhocannotpayfor legal advice andrepresentation be discussed students to and this on equal up up risk 2 without
may
those One, of pay standard or we their being listening something so right representation someone for of
law The to capacity winning should if explored know for mistakes respond
is a why rights, in may they is who students charged where situation legal intended lack for questions a activity of those what lawyer feel
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Everyone the aid pay justicecannotbedone. It ended law being for and legal justice personalise to question have means wrong have quality is legal to from means or for was, help lawyers no 2 defend aid able of training.
and a up unfair the access to system
longer does in be lesser does them result the getting enables of having going by represent a the and to point able service to lack Exercise the themselves where saying
put not however This pay includingafairtrial. to capacity available, being to justice willing represent equal to ‘the to here those of consequences it, receive them for necessarily means receive since court.
fairness benefit then that right reached. themselves 1 that benefit is system to who
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93 Lesson Four: Access to Justice and Fair Trial 94 Lesson Four: Access to Justice and Fair Trial Lord MacdonaldQC ideology. justice financial As people withoutmoney. lack People tolaw.conditions –withnorecourse is legal In now. as areas. system I’m bank balance. business. for Access becausethat’s$10-an-hour lawyers allthestateispreparedtopay for. US cases, representation. The Former Director ofPublicProsecutions system cases were did In Partner, Shaw GrahamKersh, London Raymond Shaw actions becauseit’s ofdemocracy. anundermining the housing that housing far where under the not of broad aid.
The at would - Audio transcript for teacher’s- for transcript referenceAudio 4.2.9 Activity 2: Legal Aid intheUK you old secretary as people respect was to that who rich a
least support], He It Housing days, judicial justice legal civil legal receive law, people or can principle replaced provided doesn’t haven’t and often paid social
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You you she her the the the to to to of in 95 Lesson Four: Access to Justice and Fair Trial 96 Lesson Four: Access to Justice and Fair Trial victim alsoposesobvious problems. issue but tenths Previously, because number The tighten therules. though Parents of The language difficulties–aretheleastlikely tomake areport. violence report they It of thishasbeendismantled. proceedings available for Legal inafew years’ will bedoingthework the survive treating revert haven’t less The child never seestheirdadagain. themselves. their During Family law barrister Neil Kerr is the divorce bottom still now work one main family supply children, aid of level to of or my in taken possible even can they the of an area to has for everything cases what
difficulty their a now where bar career
of They’ll litigants doctors some cases, alleged letter of bar still for been can’t
contact where in public and on has their it for present and both for this as get used
any get lawyers at from form removed though I think, the not that a know perpetrator in alleged and or the list the our is legal area legal hobby. alleged new and to person lawyers left been the
we’re their form, of of “I government media family incomes be they aid. aid were can’t there there documentary priorities, to residence pupils police, victims from
like
as I GP.
This victims not increasingly the if don’t – bar, interest, themselves simply handle badly
representing a – of are were But people most clogs
for that
judge have child people and I’ve of domestic
think and and has many concerns time. five affected cases domestic wouldn’t that represented
branches limits the up the is fallen has who retained evidence forced it’s where perpetrators seeing the with years. the
to stress of most will been involving all and both system frame is these violence by as criminal other that worry about
have violence There’s faced there to of as vulnerable the of about legal it removed to family parties, many a represent was going victims the some and the criminal sources result support saving are children, the with aid, of cross-examining bar 30%. a government to means-tested. makes wherewithal law. fathers
domestic allegations to almost
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4.3 Fair Trial4.3 thefollowing: Read orparaphrase advise themonwhatfacts theyhavetoconsiderandwhatthelawis. was guilty of acrime,on whetheraperson with help fromthe judgewhowill was against the law. will make thedecision cases, criminal Inserious ajury wrong by looking at the facts of the case and deciding whether what was done orcivil accusedofacrime who will decide ontheresponsibility of theperson will be presidedover by a judge (or more than one judge in the higher courts) a dispute, isatrial. theprocessby whichresponsibility is determined The trial In theUK, oris involvedin has potentially committed acrime wheresomeone will now lookattheconceptoffair procedure. predictable, involving acarefuluseofdiscretionandpromotingequality. We concept offair lawsinlessonstwoandthree, inthesenseofbeingclearand procedure asthesegivethebestchancesfor afair outcome. We explored the In Lesson1, weexploredthe ideathatjustice requiresbothfair lawsandafair Fair Trial – Teacher-led introduction
97 Lesson Four: Access to Justice and Fair Trial 98 Lesson Four: Access to Justice and Fair Trial do Imagine the judge’s knowledge, have of The Explain totheclasswhy you choseyour three characteristics. suggestions. In confidence thatjusticewasbeingdone? Independent Powerful Have strong Reasonable opinions Clever Rich Kind Strict Friendly Impartial groups trials you role certain – Printoutsfor students 4.3.2 ACTIVITY 3: ChoosingaJudge think or you of of as Ifyou wishyou canaddmoreofyour own. the are Rational characteristics three, it the would judge helping person
choose
is be andbehaviour. attributes very to important advising select to three important ensure judges characteristics those for that as the for who Fair either trials Have agood knowledge ofthelaw judge an will important are the for make to fair. decision-maker your have,
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characteristics Judges the the you
we outcome following to should mean have P characteristics, good knowledge ofthelaw. and independence,impartiality rationality, fairness, reasonableness, and having a The main relevant characteristics listed that would ensure access to justice are: andjustice. relatestofairness examine how eachcharacteristic When that hasrecently featured inthenews. important the understand Look You may choosewhethertodothisactivitydependingontime. As students prompt independently. Independence connected - Reasonableness: direct - outcome. issues a Knowledge consider) - (whether consciously orunconsciously). in - Background for teachers 4.3.4 ACTIVITY 3: ChoosingaJudge – Instructionsfor teachers(10minutes) 4.3.3 ACTIVITY 3: ChoosingaJudge through decision a you particular case. that the ask box. the feed
outthefollowing: todraw try the the on jury
are You to students
meaning Ask back outcome facts
responsibility either This words not could to the of their of come is relevant the and to party students because
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the Judges is they to the their may ability have not students fairness come the
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law decision to ensure the check appointed may an a consider to decision not be judge jury vested their unfair make not that that for (or be to for three a need they they trial an 99 Lesson Four: Access to Justice and Fair Trial 100 Lesson Four: Access to Justice and Fair Trial seek topromotetheseprinciples. in be You oflaw.and how thisfitswiththerule ROM. Play (You may decidewhetherto play thisvideodependingontime.) You aregoingtothinkabout someoftheotherelementsessentialtoafair trial. are recognisednotonlyin UK law, law. butalsoininternational to beheard. hasaright that everyone proven guilty and theprinciple These principles relevant is innocent until principles to fair trials, that everyone such as the principle that have to be in place to enable to be held. a fair trial You may have heardof certain of thejudge, and behaviour Besides thecharacteristics thereareseveral otherfactors thefollowing: Read orparaphrase Lesson equal should the andofsoundmind. minimum berational based
– Teacher-ledintroduction 4.3.6 ACTIVITY 5: The Maverick Judge the RoleofJudges (5minutes) 4.3.5 ACTIVITY 4: Video -Lord Justice Kay on In this video before 3, on
remind that video,
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to I charged and that terrorist just take some and and are does
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that he’s he’s We and and and can not the the the do to to of a the defendant isnot given to tell hisside of the story. theopportunity The short be given enough time toprepare adefence. Without information and enough time, a. The defendant must be toldthe details of what crime(s) he is being accused of and Sample answers oftheprinciples. understanding has and and Note intheexercise. fair trial advice If sample below: give To best advicetheycantogive him. approach that Divide you make been the Political based serious case where the charge isoneofterrorism. casewherethecharge serious a such in defence, particularly a of preparation the for time sufficient be to side ofthestory. timeframe that the judgeisproposingnotgoing The short and information, the defendantto tell his is not being given the opportunity he is being accusedof.be toldthedetails of whatcrime(s) this time Without The defendant mustbegivenenoughtimetopreparea defence andshould they - Instructionsfor teachers(15to20 minutes) 4.3.8 ACTIVITY 5: The Maverick Judge for have - Background for teachers 4.3.9 ACTIVITY 5: The Maverick Judge on. students UK the cited teachers:
to are This on limited Criminal Rights the activity legal
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103 Lesson Four: Access to Justice and Fair Trial 104 Lesson Four: Access to Justice and Fair Trial because hedoesn’t know thatthey are relevant not, for example, mention facts that would be crucial to disproving that argument of theargumentthatprosecution plans touseagainst him. Otherwise, hemay b. Inorder tobeabledefend himselffully, thedefendant must also be informed able todefend himselffully is being mounted against him, or what questions the judge is asking, he won’t be to theprosecution. Again, ifhedoesn’t know exactly whattheargumentisthat proceedingsunderstand the court and so that heisnotdisadvantaged as compared c. The defendant must be provided with an interpreter so that he can fully one ofmurder preparation ofadefence, insuchaseriouscasewhere particularly thechargeis the for time sufficient be to going not is proposing is judge the that timeframe cases. certain of explaining You order toprotect hisfamily ratherthanbecauseheisguilty. untowardhappen will tohisfamily meansthatthedefendant may confess in f. The defendant cannot be forced intoaconfession. Threatening thatsomething the defendant canthenappeal againstit. and the law, or irrelevant and not on arbitrary reasons. If the decision is illogical, everyone canseethatthejudgehasbasedhisdecisiononfactsofcase would ever know mean that unfair proceedings could be going on (as with this case) and nobody so thattheyshould beopentothepublic canscrutiniseitsfairness. Closedtrials the trial could be prejudiced because of strong public opinion, in general, a trial e. Although closed trials are situations where, carried out in certain for example, on theprosecution toshow thatthedefendant isguilty that everyoneprinciple proven isinnocentuntil guiltymeansthattheburden is d. The judgeiswrong thatthedefendant shouldhave toprove hisinnocence. The being may put if that there
into 2 many . is 6 action . The judgemust give reasoning in coming toadecisionso that time of the through now 4 unfair . wish the elements to government’s explore 7
of the the 3 . trial case proposal explored study 5 . 8 to
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could beaconcern. been completely This ofthecase. the mostsensitive parts also defendants’ could prosecution least found the and there June could The the reasons for aconviction ifthere isone. trial,public andto haveso thateveryone thejudgementmadepublic may see of the principle ‘open justice’, whichguarantees the rightofdefendants to a court identities ofthemen, heard put R Case StudyonSecret Trials v AB minimum on media decided 2014 is case part limited was be be entirely would that a and trial significant heard heard went of that no
and the behind CD secret on severely opening, that the not necessary reason behind the said terrorism swearing entirely in was to judge’s a be open most closed was the case small that a against exactcharges
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situations that a case This departs significantly from significantly departs This the would Appeal to of to open decision of
fair allowed security justice. be keeping the national could news (should trials of withheld justice be jury, came where wanted charges
be about on The allowed the principles grounds.
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part The so the could decision be men trial the hear of go the that security kept Appeal jury, result) Court of of ahead public to being even have case
but the the the
be to at in 105 Lesson Four: Access to Justice and Fair Trial 106 Lesson Four: Access to Justice and Fair Trial 4.4 Conclusion proven guilty. proceedings. inthetrial participation necessary 4 and thecourt. requirement 3 allegations madeby theprosecution. should crime prepare 2 aside duetohispossible interestintheoutcomeofproceedings. Hoffmann not to Head humanity Pinochet, aside Pinochet Ugarte 1 Footnotes: Article 14(2) ICCPRand Article 6(2)ECHR Article
Art 6(3)(b) ECHR and Art Art. 14(3)(b) An Article 14(3)(f) ICCPR and Article 6(3)(e) ECHR Art Article 6(2)ECHR,Article 14(1) ICCPR Article immunity, P entitled example due justice andafairtrial. have Work trial. Think 1. thestudentsasfollows: Instruct or different things? Now 2. of he be a State
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4.4.1 Plenary 4.4.1 Plenary had to for the by former of was 3.8(5)-(6) failed look immunity (No.2), about the this possibility yourself. minutes taken
Article 9(2) ICCPR,Article and Art. 5(2) ECHR entitled adequate prosecutor of. at was to while Chilean
part what what 2 Part 3A, Practice Directions I: Criminal General matters declare seen W.L.R.
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judgement same clear the for are defendant (3-2) of access was that and the and crimes fact Lords innocent the statement things to containthe to as not that ‘the defendant’s
facilities You defendant that fair know extradite a to was entitled was he former parties against where Lord until was the set set to of made itunreliable. made Under section76ofPolice Evidence andCriminal Act 1984 conviction. the of onethe The against himselfortoconfess guilt.’ 8 in thecourts, judgment litigants established Supreme In incountries.) according todifferent legaltraditions judgments Russia of HumanRights The EuropeanCourt disputes ortheguardianshipofchildren.’ where judgment, Article 7 would suffice inprivate measure otherthanatrial Part 16.6CPR must beadministeredinopencourt. Criminal interests ofjustice. do seen 6 oftheECHRprovidesthat Article publicity would prejudicetheinterestsofjustice. so public) press 6 toafairtrial.’right processareessentialfeatures ofEnglishand an adversarial Part 1A, Practice Directions I: Criminal General matters Under Article 14(1) of theICCPR Article The UNHumanRights Committee the requires, so European Court of Human Rights Human of EuropeanCourt fairness to and was – (2007) first or the 14(1) to be for Article 14(3)(g) ICCPR Article Practice
Court, enables the national Forexample, including understand (although not
‘function done. annual interest or example, of toseehow justiceisbeingdispensed.’
of public core requires 45 to the in
the Lord
EHRR the Hearings the fact Directions
security BAILII and proceedings, of may the ICCPR, of
extent the for public Neuberger, made why an juvenile due absolute 52
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said result security findings, ‘ hearings No Judgment – No Justice’ 20 November 2012 November 20 Justice’ No – Judgment No that that who necessary
and explains inits has 39N, be arrived for
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to the
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The and and the the the UK be to to in a 107 Lesson Four: Access to Justice and Fair Trial 108 Lesson Four: Access to Justice and Fair Trial within thejusticesystem will bemadepublicly Open justice– Maverick – Litigants – application ofthelaw Legal system– whether someoneisguiltyofacrime Legal process – Legal defence – for peoplewhocan’tafford it legal adviceandrepresentationincourt Legal aid budget – afford topay for alawyer Legal aid– what thelaw isandhow you shouldproceed Legal advice – public body Judicial review – Fair trial– Fair process – Defendant – Cross-examining – Conviction – legal matters. sues) organisations, Civil law – Benefits system – factor– Arbitrary Alleged – Access tojustice– Lesson 4Glossary another somethingclaimedbut notyet proved trial fairproceedingsinacivilorcriminal the unorthodox; legal parties toadisputeincourt parties orcivilwrong someonebeingaccusedofacriminal
being found guiltyofacrime etc, law proceedings incivilorcriminal fairness party.
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public including allocates a takes state of other legal a
companies, and criminal decision where legal help dispute are what that in action for a examples a liability decisions year your person or
those or governments, action against determine to rights through in pay cannot of made need of civil are, (or for a
Verdict – The Bar– State – for thoseinneed Social welfare law – Represented (incourt)/representation – (incourt) withitsown government acountry thejudgmentoroutcomeofacase thelegalprofession madeupofbarristers the law relating to the provision having alawyer toputyour caseforward of financial and other help by the state 109 Lesson Four: Access to Justice and Fair Trial