Flynn, Asher, Hodgson, Jacqueline, McCulloch, Jude and Naylor, Bronwyn (2016) Legal aid and access to legal representation : re-defining the right to a fair trial. Melbourne University Law Review, 40 (1). pp. 207-239. ISSN 0025-8938.

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Abstract

The unmet demand for legal aid generally and for criminal law matters in particular, has grown with the expansion of crime control and restrictions on funding for publicly funded welfare and support services. This article examines the connection between legal aid, legal representation and the right to a fair trial. It presents an in-depth case study of Victorian case law and policy development to illuminate dilemmas in the prioritised allocation of legal aid resources in serious criminal trials. It then compares the Victorian courts’ approach to a fair trial, with the tenets of current European Court of Human Rights jurisprudence regarding the scope and timing of an accused person’s right to access a lawyer. The comparison underlines the narrow definition of fair trial under Victorian common law, relative to Europe, where a fair trial is interpreted more broadly to include the right to legal representation during police and pre-trial investigations. The article questions whether international developments in access to legal aid for criminal trials and the extension of legal aid and representation to pre-trial procedures, most notably through the Salduz case (heard in the European Court of Human Rights), may inspire change in Victoria.

Item Type:	Journal Article
Subjects:	K Law [Moys] > KH Common Law, Australasia K Law [Moys] > KN Common Law, Private Law
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Fair trial -- Government policy -- Australia, Legal aid -- Government policy -- Australia, Criminal law -- Government policy -- Australia
Journal or Publication Title:	Melbourne University Law Review
Publisher:	Melbourne University Law Review Association Inc.
ISSN:	0025-8938
Official Date:	2016
Dates:	Date Event 2016 Published 16 February 2016 Accepted
Volume:	40
Number:	1
Page Range:	pp. 207-239
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Open Access (Creative Commons)
Date of first compliant deposit:	6 April 2016
Date of first compliant Open Access:	12 August 2016

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