Do I have the right to a lawyer?

• Article 14(3) of the International Covenant on Civil and Political Rights (ICCPR) provides that an accused should have legal assistance provided for them "in any case where the interests of justice so require."
• The High Court of Australia held that although Australia is a party to the ICCPR there are no domestic laws specifying that an accused person has the right to legal assistance.
• This is an example of an area where Australia has fallen short of writing our full human rights obligations into domestic law.
• There is still the common law principle of the right to a fair trial. In some cases this requires providing state-funded legal aid to an accused.
• The current position is that many people who are unable to pay for legal representation may be entitled to legal aid subject to a means test and certain other conditions. Our topic on Legal Aid provides more information.
• Some states and territories also provide community legal centres or advice lines where people can access free or subsidised legal advice.
• Lawyers may also uphold this human right principle by occasionally providing pro bono (voluntary) legal representation to clients who have a good claim but who cannot afford their services.