Improving access to justice: Procedural justice through legal counsel for victims of crime

Abstract

Consistently research shows many victims want to be genuine participants in criminal justice. They want a voice when decisions affect them. Such voice coupled with voice recognition might be helpful in their recovery. Furthermore, victims’ participatory rights are said to be one way to enhance procedural justice for victims of crime without unnecessarily encroaching on procedural justice for accused and convicted persons. Drawing on the functions and activities of the Commissioner for Victims’ Rights in South Australia as well as lawyers’ and judges’ comments, this chapter argues in favor of allowing victims legal counsel in all facets of the criminal justice system. The commissioner (in person or through legal counsel), for instance, assists victims dealing with the criminal justice system. To give victims a stronger voice, the commissioner has engaged legal counsel to represent victims during charge bargaining, at criminal proceedings, and in sentencing. Based on the law in practice, the chapter concludes that voice and voice recognition are essential participatory rights that mark an important step towards making criminal justice systems fairer, just and equitable.