I'm currently researching a project on rights of audience for a university in the UK. A rumour has come to me that, in Australia, student lawyers have the opportunity to deal with administrative hearings for clients charged with criminal offences or to represent at trial for non-imprisonable offences. Would anybody be able to tell me whether this is true or not? Or, indeed, if it is the case in another country, to your knowledge.

My knowledge of the Australian system is zero and so I would much appreciate some guidance. Any questions, just ask! Thanks very much!

Well, I am from India. Let me site an incident if this is of any help.

There was a case before the High Court on the supervisory side (the High Court acts as body of control over the lower courts). The issue was reframing of seniority among the District Judges, which is a function of the High Court. Certain DJs had filed representations against the framing and a committee of 3 judges (High Court consists of 48 judges) was formed to hear the contentions. This was not on judicial side but on administrative side. My senior was representing the case (this was when I was doing law) and I had the opportunity to assist him.

Otherwise too, before all forums where CPC/CrPC (i.e. formal procedural laws) do not apply, rather the administrative right of representation by next friend or expert is available, a law student is able to represent persons (which one could do even without being a law graduate).

That is interesting. Does the right of representation extend to criminal law so that in low level criminal cases, such as those referred to in my earlier post, could see a defendant represented under the right of representation by next friend or expert?

If one talks of departmental/administrative proceedings, the right to representation by next friend extends to all kinds of proceedings e.g. in case of parallel departmental procedings against a person being tried for a criminal offence by the magistrate.

However, there is no such provision in case of proper criminal proceedings before criminal courts and only lawyers have the right to represent.