Right of accused to have a legal representation in criminal offences

By: Fatima Tariq

The criminal justice system is a set of rules which are applied in every society to prevent misconduct by the people of such society, as well as the rights of the members of the society also being protected. As we all know, the police is a primary intervention or to investigate and to interrogate accused persons and their vehicles. The criminal justice system provides basic rights to the accused. Every accused has the right to have a legal representative and a solicitor to protect their rights. When the person is accused of committing some sort of crime, the police may take him to the police station but the accused have his rights in the police station and in dealing with police. After the charge sheet is handed over to the accused, he becomes the accused against the state with securing and being protected by some fundamental rights like basic human rights and the right to have a fair trial.

In Magistrates Court or Crown Courts, a legal representative is a person who arranges all the arrangements for the case. The role of a legal representative is a very important part of the accused’s time frame in the legal system. It starts from the very beginning point of being accused and goes on until the point where the accused becomes the accused and continues so on. Thus, oriented with full privileges of law and facilities and the rights the accused must have a legal representative to present his concern and case in the court.

IMPORTANCE OF LEGAL REPRESENTATIVES FOR ACCUSED

The criminal justice system has the power to truncate the liberty of a person who commits a crime or offense. The conviction of a person of being a criminal is something that changes the shape of life. However, in this particular aspect, one of the offenders needs proper legal advice to prevent the conviction of a crime. The municipal and international laws recognize that the right counsel is critical toward the principle of equal justice under the law.

Some critical and most important needs to have a legal representative and right legal counsel are mentioned below:

Legal representation is often the only hope for accused who are facing criminal prosecutions to secure their basic right to a fair trial.

The person himself cannot pursue and understand the complexities of the legal terms.

It is essential to have a lawyer by your side because they are in a unique position to help the accused who claim not guilty and face the state.

A person or an accused can be of a high class who may bear the expenses to have a specialist solicitor, but the poor people who do have not sufficient means to meet the requirements of legal assistance may take advantage of schemes like some Legal- Aid Cell.

The defense attorney is responsible to protect the interest of their clients when individuals and corporations are brought in front of the court as the accused.

The accused can use the right to appeal in appeal court but the procedures are so complicated that the need of a legal representative is necessary.

The legal representative conducts the research and analysis of legal problems.

It is so much important to understand the legal phrases and terms for the accused and the legal representative interprets them to the client

It is concluded that to uphold justice and equality in society and to prevent anarchy in the people all basic rights should be served to the people. The accused should be allowed legal representation. It is a fundamental right of every citizen whether he can afford the expense of legal representation or not. The accused can use the right of the Bail, from the court through the person with the legal specialties or a legal representative. So that the existence of a legal representative is uncompromisable for the accused. Thus, the accused should be allowed a legal representation of his case as it is a basic human right that permits the accused to have a fair and unbiased trial.

The writer is a Law student at Kinnaird College for Women and Research Assistant at Prudential Middle East