Finding Innovative Solutions to Assist Unrepresented Accused in Criminal Matters

Legal representation is fundamental to ensuring fair participation in the criminal legal system, protecting individual rights, and maintaining a balanced legal process. However, a significant number of accused face court proceedings without legal representation due to financial constraints or personal choice. This lack of representation exacerbates existing inequities and poses significant challenges in the criminal justice system. For example, unrepresented accused can often prolong court proceedings, as judges must spend additional time explaining legal procedures and ensuring fair trials. The absence of legal representation can lead to frequent adjournments and increased burdens on judicial officers and court staff, ultimately causing delays and backlogs in the justice system.This Report presents the findings of my 2019 Churchill Fellowship. Over an 8-week period, I visited the United States of America, the United Kingdom and Canada to obtain knowledge on what initiatives could be developed and implemented in Victoria, and more broadly Australia, that would provide unrepresented accused with legal or legal-adjacent services. These include adopting people-centred justice principles in the design, development and implementation of solutions. Emphasising empowerment, individualised justice, accessible justice, community engagement, holistic services, and empathy, these principles aim to create a more inclusive and equitable justice system.