There is a right to representation as part of an accused's overarching right to a fair criminal trial, but it's rarely going to give rise to an enforceable remedy. (And what is a right without a remedy?) When faced with the unavoidable prospect of an unfair trial, a trial court should not order unwilling representation …

Continue reading Slaveski v Smith & Anor [2012] VSCA 25: the right to representation

There is a right to representation as part of an accused's overarching right to a fair criminal trial, but it's rarely going to give rise to an enforceable remedy. (And what is a right without a remedy?) When faced with the unavoidable prospect of an unfair trial, a trial court should not order unwilling representation …

Continue reading Slaveski v Smith & Anor [2012] VSCA 25: the right to representation