Right to Legal Representation during Pre-Trial Stages: The Victim vs. The Accused: Where Does the Law Stand? A Critical and Comparative Review

Abstract

This article is a critical and comparative review of the right to legal representation under the procedural Acts of Jordan and United Arab Emirates (UAE) during pre-trial stages. It tries to answer how such right is guaranteed during these stages of criminal proceedings under both Acts and to what extent. Central to this purpose is to explore whether the law provides equal legal protection of this right for both victims of crime and criminal defendants, and to point out any potential procedural flaws or imbalances that might exist.Comparative analysis revealed that, although preliminary criminal proceedings are of a major significant and have major impact on both parties’ rights and interests, and on the outcomes of the criminal case, yet,neither the accused nor the victim has the right to legal representation during this stage in both jurisdictions. The victim of crime does not also have this right during primary criminal investigation stage under the UAE Act. Comparatively, although the right exists in Jordan, yet the role of the victim’s attorney is limited. The accused’s right to legal representation during primary investigation exists under both Acts with differing degrees of variations, and limitations in relation to both of its scope and the extent to which it is guaranteed. The Act in Jordan, however, provides better guarantees of the accused’s right to an attorney in this stage, especially during criminal interrogation pursuant to the last amendment of the Jordanian Act 2017 No 32.