5. Assist persons seeking bail

A person who requires assistance at court or who is in police custody or detained in a correctional facility may, of course, be experiencing a significant degree of stress and anxiety. Clients may be even more vulnerable because of other reasons, for example, they may be experiencing symptoms of a mental illness or a cognitive disorder, they may have an intellectual disability or they may be a young person.

Understanding the nature of the person’s vulnerability and understanding the special assistance they require is a priority role and responsibility of legal advocates.  In addition, the role of the legal advocate is to:

• advise their client about the court procedure and ensure that the court is aware of the nature of the client’s vulnerability
• ensure that the client understands the court proceedings which is essential to obtaining proper access to justice
• ensure that the client understands the legal rules around bail and have any queries answered
• inform the client about possible conditions/options if bail is granted
• make necessary referrals to ensure they receive appropriate assistance including an interpreter if the accused is from a non-English speaking background.