Legal Aid
The new Legal Aid Act came into being on 2000 May, 1.
Its main purpose is to provide legal representation, both criminal and civil, to persons of small or moderate means who have cases before the court and are unable to afford the attorney of their choice. The affairs of the Legal Aid Act will be administered by the Legal Aid Council.
The Legal Aid Regulations, 1999 set out the scheme for the provision of legal aid to persons detained or accused, and impose on the police the duty to inform every person arrested or detained of his/her right to legal aid.
Regulation 9 of the Legal Aid Regulations, 1999 prescribes that:-
(1) The Legal Aid Council shall establish a roster of duty counsel, (i.e. attorneys who have indicated their willingness to participate in the scheme) which shall contain the following particulars:-
(a) the names, business addresses, business telephone numbers and contact telephone numbers of duty counsel available for service;
NB contact telephone number means the telephone number where duty counsel may be contacted outside of business hours.
(b) the place within each parish where duty counsel are available for service;
(c) the days and times when duty counsel are available for service.
(2) The Council shall, from time to time, send to the Clerk of the Courts in each parish and the officer in charge of every police station in the Island, a copy of the roster of the duty counsel for the parish in which the Clerk of the Courts and the officer are stationed.
Under Regulation 10 of the Legal Regulations, 1999, a duty counsel shall inform the Council in writing of any change of:-
(a) his availability for service;
(b) the place where he is available for service;
(c) the days and times he is available for service; and
(d) his business address or business telephone number or contact telephone number.
Regulation 11 prescribes that a duty counsel shall perform the following duties:-
(a) attend at a police station, lock-up, correctional institution or other
place where a person is detained;
(b) give legal advice to a person detained or accused of an offence;
(c) attend identification parades, where required;
(d) make bail application on behalf of an accused person;
(e) represent an accused at his first appearance in court.
The obligations of the police under Regulation 12 are that:-
(1) Where a person is detained at or charged with an offence and brought to a police station or lock-up, the officer detaining the person or making the arrest shall inform him/her of his/her right to legal aid and representation by a duty counsel.
(2) A person who is detained or charged who is unable to afford an attorney of his/her choice may request the services of a duty counsel.
(3) Where a person requests the services of a duty counsel, the police officer to whom the request is made shall contact the first available duty counsel on the roster, and where a duty counsel cannot be contacted, the police officer shall contact the Council who shall assign a duty counsel.
(4) There shall be placed in a conspicuous position in every police station or lock-up a sign to the effect that any person who is unable to afford an attorney of his/her choice may request the services of a duty counsel under the Legal Aid Regulations, 1999.
Its main purpose is to provide legal representation, both criminal and civil, to persons of small or moderate means who have cases before the court and are unable to afford the attorney of their choice. The affairs of the Legal Aid Act will be administered by the Legal Aid Council.
The Legal Aid Regulations, 1999 set out the scheme for the provision of legal aid to persons detained or accused, and impose on the police the duty to inform every person arrested or detained of his/her right to legal aid.
Regulation 9 of the Legal Aid Regulations, 1999 prescribes that:-
(1) The Legal Aid Council shall establish a roster of duty counsel, (i.e. attorneys who have indicated their willingness to participate in the scheme) which shall contain the following particulars:-
(a) the names, business addresses, business telephone numbers and contact telephone numbers of duty counsel available for service;
NB contact telephone number means the telephone number where duty counsel may be contacted outside of business hours.
(b) the place within each parish where duty counsel are available for service;
(c) the days and times when duty counsel are available for service.
(2) The Council shall, from time to time, send to the Clerk of the Courts in each parish and the officer in charge of every police station in the Island, a copy of the roster of the duty counsel for the parish in which the Clerk of the Courts and the officer are stationed.
Under Regulation 10 of the Legal Regulations, 1999, a duty counsel shall inform the Council in writing of any change of:-
(a) his availability for service;
(b) the place where he is available for service;
(c) the days and times he is available for service; and
(d) his business address or business telephone number or contact telephone number.
Regulation 11 prescribes that a duty counsel shall perform the following duties:-
(a) attend at a police station, lock-up, correctional institution or other
place where a person is detained;
(b) give legal advice to a person detained or accused of an offence;
(c) attend identification parades, where required;
(d) make bail application on behalf of an accused person;
(e) represent an accused at his first appearance in court.
The obligations of the police under Regulation 12 are that:-
(1) Where a person is detained at or charged with an offence and brought to a police station or lock-up, the officer detaining the person or making the arrest shall inform him/her of his/her right to legal aid and representation by a duty counsel.
(2) A person who is detained or charged who is unable to afford an attorney of his/her choice may request the services of a duty counsel.
(3) Where a person requests the services of a duty counsel, the police officer to whom the request is made shall contact the first available duty counsel on the roster, and where a duty counsel cannot be contacted, the police officer shall contact the Council who shall assign a duty counsel.
(4) There shall be placed in a conspicuous position in every police station or lock-up a sign to the effect that any person who is unable to afford an attorney of his/her choice may request the services of a duty counsel under the Legal Aid Regulations, 1999.