Description
This work follows the 2021 AIJA report “Unrepresented Accused in the Magistrates’ Court of Victoria” by Dr Antolak-Saper, Professor Clough and Professor Bronwyn Naylor which examined the data of adult unrepresented accused individuals in the Court.
The AIJA commissioned this supplementary project to consider and analyse contested matters, which extends the work of the first report.
The presence of unrepresented accused remains a feature of proceedings in the Magistrates’ Court of Victoria, and other courts. Many courts also operate within an environment of increasing demand, constrained resources and changing expectations as to fairness, access, and efficiency.
The new report examines the operation of fair trial principles in matters listed for contest. It draws on doctrinal analysis, structured court observation and qualitative interviews to consider how proceedings are conducted where an accused appears without legal representation.
The findings identify challenges for unrepresented accused in understanding process, engaging with evidence and participating in hearings. The report also addresses the role of magistrates, prosecutors, registry staff and duty lawyers in the conduct of proceedings.
To download a copy of the report click here.
