Victims’ rights to legal representation in adversarial criminal justice systems: A comparative analysis of Japan, India and South Australia

While traditionally victims’ role has been limited to that of a prosecution witness, some jurisdictions have introduced formal mechanisms providing victims with their own legal counsel. This article examines the implementation of this right in Japan, India and South Australia. It compares the legal and practice frameworks governing victim independent legal representation (ILR) in each jurisdiction with analysis of case examples. In doing so, the article highlights the rationales, limitations and effects of victim ILR across three legal systems. The article is written from a lived-experience perspective, foregrounding the reflections of the former South Australian Commissioner for Victims’ Rights. The paper demonstrates how victim ILR can enhance victims’ procedural experiences and empower their participation in criminal processes. Through comparative case analysis, the article shows the potential for parallel justice where victims’ rights are recognised alongside those of accused people and without jeopardising adversarial justice.