Access to Legal Aid

Everyone is entitled to legal aid in order to exercise their right to a fair trial! 

The Issue: 

People in prison are often not able to access face-to-face legal advice and representation as they require. Barriers include time restraints, restricted access to resources due to classification or physical segregation, and lack of knowledge on the legal system. In some cases, people in prison may choose not to consult with legal professionals due to lack of trust, unreliability and difficulty in communication.

Why it needs to be addressed:

Access to resources that assist in the preparation of defence is therefore imperative for people in prisons. This includes access to computers, through which prisoners can access evidence and legal knowledge. Access to computers also allows for the provision of online legal services to combat the lack of accessible face-to-face legal services.

Legal precedent establishes that access to a fair trial is a common law right. However, without proper access to computers and the law, prisoners cannot be involved in their case, regularly correspond with legal representatives or advisors, review the evidence being held against them and prepare written submissions to the court. If prisons restrict the prisoner’s right to legal resources, they are essentially depriving them of their right to participate in their own trial.

Online legal services for people in prison would help combat some of these barriers. But even standalone computers with access to CDs and USBs are essential. In some states and for some people they are available, but not yet generally accepted as a legal right.