Why Is Legal Representation Important In Australia

Legal representation is used for a defendant to advise and present their case in court. So when a defendant cannot afford to hire or find the proper legal representation of a solicitor or barrister legal aid can be an option offered by the criminal justice system. The Legal Aid Commission Act 1979 (NSW) provides the legal representation or assistance to a defendant who is economically and socially disadvantaged. The purpose of the Legal Aid Commission, through the guidance of the act in place ensures to improve everyone having access to justice by contributing towards the cost of a private lawyer or providing the legal representation needed.
There are limitations to what allows a person to be able to access legal aid. A defendant must be means tested to determine their eligibility. This is achieved by assessing the defendant’s income and assets that ascertains if they have the financial
When being questioned a suspect under the age of 18 has the right to have a responsible adult present with them. In Australia, the accused has the right to a fair trial and is encouraged to have adequate legal representation to ensure justice for them. The offer of legal aid improves this right giving the access for a defendant to receive a fair trial by contributing to the cost of a lawyer or providing the legal representative.A limited police power relates to interviewing an accused if they are aged under 18 years which is displayed in Tang’s case. The rights and special protections of young people are different to adults. In the Tang case Tang was aged 17 and had no adult present when interviewed by Police at the time of the murder. This led to Tang later being granted retrials due to the fact that he was a juvenile at the time of providing his statement without being in the presence of an adult or