POJ
Cards (13)
- Principles of Justice include:
- Fairness
- Equality
- Access
- Fairness
- All people should be able to participate in the justice system, and processes should be impartial and open
- Participation in the justice system includes:
- Opportunity to examine witnesses
- Opportunity to know the case brought against you
- Access to an interpreter
- Use of a lawyer
- No unreasonable delay
- Impartiality in the justice system involves:
- Independent and unbiased decision makers
- Decisions based on facts and law, not prejudices
- Absence of apprehended bias
- Open processes in the justice system entail:
- Open courtroom
- Transparent processes
- Publicly available decisions
- Principles of Justice:
- Access: All people should be able to engage with the justice system
- Engagement: Physical, Technological, Financial aspects should not cause delays
- Education: Information and legal services should be provided for informed engagement
- Access principle: All individuals should have the ability to engage with the justice system
- Engagement principle: Physical, technological, and financial barriers should not cause delays in the justice system
- Education principle: Information and legal services should be available to ensure informed engagement with the justice system
- Principles of Justice include:
- Equality: people should be treated in the same way, but if the treatment creates disadvantage, then adequate measures should be implemented to allow all to engage with the justice system without disparity
- Same treatment (formal equality) means one rule for all - same treatment and opportunities without bias or adjustments
- Different treatment (substantive equality) considers factors like age, health, location, disability, and socio-economic status, where adjustments may be needed to ensure no one is disadvantaged
- Measures to achieve substantive equality may include interpreters and specialized courts like Koori Courts that provide information differently and adapt processes to the individual's needs