the need for legal practitioners in a criminal case

Question 1

Why are legal practitioners needed (general)

Answer 1

Legal practitioners are needed as they provide legal advice and representation to ensure the rule of law is upheld to a high extent It also gives an opportunity for a person to test the evidence put against them, ensuring an accurate verdict.

Question 2

why are legal practitioners are needed (more specific

Answer 2

• A person who may represent themselves lacks the skills and experience to navigate the legal systems procedures such as plea negotiations
• An accused person without a lawyer may make the wrong decisions due to their emotions which can lead to conviction
• Judges can only help explain legal principles and procedures to a certain extent, thus a lawyer is needed to explain to a full extent.

Question 3

What does the criminal procedures act allow the courts to do for those who don’t have a lawyer.

Answer 3

The criminal procedures act 2009, gives the court’s power to adjourn a trial for serious offences until legal representation from the VLA is provided. A court must believe that a fair trial is not possible without legal rep and that they can’t afford it alone.

Question 4

Strengths of legal practitioners

Answer 4

• Legal practitioners can help navigate the criminal justice system
• Legal practitioners have objectivity, in being able to make decisions in the criminal case, where a party should accept a plea negotiation
• Legal practitioners help reduce delays that a self represented party may cause due to their lack of understanding in what is happening in proceedings

Question 5

Weaknesses of legal practitioners

Answer 5

-Not all legal reps are equal, some are more qualified which may impact the service required

-Not everyone can afford legal rep or qualify to be given rep, meaning people are left self represented.

• Legal rep may not be sufficient for some, for example those who don’t speak English