Apart from a lawyer, who is able to represent somebody in a criminal proceeding under criminal law?
QLD Criminal Law - Who can Appear for the Defendant?
- Thread starter cuttyshatface
- Start date
Only appropriately credentialed legal practitioners may appear as of right in a court of law to represent someone else. However, the court may give leave for what is called a 'McKenzie friend' to assist. This a non-lawyer who is given the ability to assist the defendant in court. Exactly what they are permitted to do is the up to the Court.
Lawyer is not correct. It is a lawyer with a practising certificate. This is an important distinction.
Exactly as Rod says. Hence my comment, "appropriately credentialed". In Queensland, it's not just a practising certificate issued by the Queensland Law Society - it's a practising certificate which either allows the practitioner to act in unsupervised legal practice in their own right; or allows them to practise in a supervised capacity where they are an employee under someone who has such an 'unsupervised' certificate.
Thank you for the response.
Given that we may choose to appear 'in person' when required by the court. What capacity are we said to be in if we enter the courtroom and do not identify ourselves?
Given that we may choose to appear 'in person' when required by the court. What capacity are we said to be in if we enter the courtroom and do not identify ourselves?
Each court will be slightly different in how they operate. But, generally, the clerk will announce the matter and query who is appearing for the parties. If you don't tell them you're there, the court may make elect to proceed without you.
And someone cannot appear on your behalf under a power of attorney.
And someone cannot appear on your behalf under a power of attorney.
Thank you Rob for you reply.
Can you please direct me where I can find the relevant legislation in relation to my question please?
You should take @Rob Legat - SBPL's word for it.
If, however, you choose not to, then the bit of law that says that
only lawyers can appear on behalf of others is here.
"Appearing in court" (other than on your own behalf) is legal practice within the meaning of that section.
Forget McKenzie friends - they are not ever permitted to be advocates.
And no, "Power of Attorney" does not mean what you think it means in terms of appearing in court.
In this context, the word "attorney" does not mean "lawyer" like it does on American television.
In addition to the provision which @Tim W kindly pointed out, each of the Magistrates Courts Act (s18), District Court of Queensland Act (s52) and Supreme Court of Queensland Act (s90) contain the following provision:
"(1) In a proceeding, a party may appear in person or by -
(a) a lawyer; or
(b) with the leave of the court, another person.
(2) In this section -
party includes a person served with notice of or attending a proceeding although not named in the record."
Each Act also defines a lawyer as:
"lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State." Refer back to my earlier post for details on who that constitutes.
"(1) In a proceeding, a party may appear in person or by -
(a) a lawyer; or
(b) with the leave of the court, another person.
(2) In this section -
party includes a person served with notice of or attending a proceeding although not named in the record."
Each Act also defines a lawyer as:
"lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State." Refer back to my earlier post for details on who that constitutes.
