Defence Lawyers’ Engagement with Procedural Justice: Emerging Practice from the Magistrates’ Court of Victoria

<p dir="ltr">International movements to establish more humane criminal justice systems have significantly changed court actors’ roles and court practices globally, including in Australia, most notably due to the advent of solution-focused practices (SFP) and solution-focused courts (SFCs). The Australian State of Victoria first adopted SFP almost three decades ago, and continues to expand the development of SFCs as dedicated places for the facilitation of SFP. SFP use non-traditional roles for court actors, and non-adversarial practices and processes, aiming to provide vulnerable defendants with a more humane environment in which to address the underlying causes of individuals’ chronic involvement in the criminal justice system. SFP have expanded the role of judicial officers, who are guided to focus on enhancing their interactions with defendants. Both procedural justice (PJ) and the ethic of care inform social relationships, and are important for judicial conduct and lawyers’ practice, especially in the context of SFP. PJ is regarded as the foundation on which judicial officers can foster better engagement with court users, thereby improving court users’ experiences, leading to greater satisfaction with court processes and compliance with court decisions. The ethic of care offers a moral decision-making approach based on concern for maintaining harmonious relationships, and shielding the vulnerable from harm. </p><p dir="ltr">SFC studies have predominantly focused on the judicial officer’s role, leaving lawyers’ role in contributing to the court’s SFP under-investigated. In their daily interactions with court users, defence lawyers are well-placed to contribute to more humane court experiences for defendants. This thesis reports the findings of qualitative research exploring the PJ practices of 16 defence lawyers with experience working in the Magistrates’ Court of Victoria (MCV). The lawyers’ perceptions provide insights into their appreciation of court users experiencing the PJ elements of voice, respect and dignity. The ethic of care also emerged as significant to the participants’ practice and provides understanding of lawyers’ ethical values and orientation towards engaged ways of relating to court users. The outcomes of this study enable recommendations to be made about education for lawyers and magistrates, and to benefit criminal justice systems in Australia and internationally.</p>