Australian Legal System Case Study

Social and human service workers are likely to become involved with the processes of the Australian legal system as part of their evolving practice. The legal system and human services professions may function in parallel or even mutually opposed. However, they often seek the same outcomes or changes, especially in relation to the disadvantage and protection of vulnerable people (Kennedy, Richards, & Leiman, 2013). This paper will describe a case observed at Beenleigh Magistrates Courthouse, its role and place in the Australian legal hierarchy of courts. Then it will explain the roles and responsibilities of the court personnel, including the potential roles of social work/human services personnel in this case. This paper will conclude with …show more content…
People with no legal knowledge might not know how the court procedure work and they might not be able to defense themselves because of lack knowledge of the legal system. The prosecutor might take advantage on the defendant’s lack knowledge of the procedure of the legal system. In the case observed, the defendant does not have a legal representative and seems like she didn’t know much about the procedures of the legal system. For example, in the case observed, the defendant was asked if she had any witness to present and she was told that the witness had to wait outside the courtroom. The defendant witness arrived at the court but, she was not allowed to testify because she was in the courtroom the whole time and she observed all the details that was discussed. The witnesses were not allowed to be inside the courtroom unless they were called by the magistrates. If the defendant had a legal representation, they would know the procedures and when the witness arrived they would have asked them to wait outside. Since, the defendant does not have legal representation and lack of knowledge of the procedures of the legal system, as a results the defendant was not able to present her witness. In the legal systems of most western countries, defense lawyers present their sentencing recommendation after the prosecution has presented its sentencing demands. This procedural sequence for criminal cases is intended to balance the impact of both parties on the judge's final decision (Englich, Mussweiler, & Strack, 2005). If the defendant had a legal representation, they know the procedure of the court and they would know what to do, when to do it, and how to do it. The lawyer will instruct the defendant what to say, when to say it, and how to say it. The lawyer will instruct her not say anything unless directly questioned, and will