Project No. 42

Commenced: 1973
Withdrawn: 1982

The reference arose because of a number of problems caused by the position of unrepresented defendants in the Courts of Petty Sessions. It was recognised that unrepresented defendants may sometimes plead guilty to charges they do not understand and that this had occurred in circumstances where the defendant might not have been convicted if a lawyer had presented all the facts to the court on their behalf. There was also concern that unrepresented defendants, when found guilty, may be unable to make a satisfactory plea in mitigation. The risk that unrepresented defendants may be treated unjustly was a primary consideration.