Legal Aid Board Sierra Leone
Summary
of the Legal Aid Guide
Introduction
The Legal Aid Board
is governed by the Legal Aid Act No 42 of 2012 and conducts its affairs
according to the Legal Aid Guide and the Rules and Regulations made pursuant to
both the Act and the Guide. A legal aid lawyer must advise a prospective client
at the earliest opportunity on the following: 1.The availability of legal aid
services; and 2. the qualification or non-qualification of the client to obtain
legal aid.
It is therefore the
duty of all legal aid practitioners and cooperation partners to have a copy of
the Legal Aid Act and the Legal Aid Guide.
Legal aid
provision
Legal aid services
are not available to persons who can afford to pay for the services of a
legal practitioner. Legal aid is available only to persons who are indigents and
who satisfy the ‘Means Test’ and in the interest of justice.
Residence of applicant
and seat of court
LAB grants legal aid
primarily in criminal matters to indigent persons who qualify for legal aid
under the Legal Aid Guide and
who are resident in Sierra Leone. No legal aid will be provided for litigation
in any foreign court.
Qualification for legal
aid
•
For an applicant
to qualify for legal aid he must be a Sierra Leonean resident.
•
If the applicant
is unemployed and has no income or assets, or his income and assets are below
the level stipulated by the LAB as qualification for indigency, he
automatically qualifies for legal aid.
•
If the applicant
is employed, his age (whether below 18 years) and marital status are
considered, and then whether or not he can afford the services of a lawyer is
determined (The Means Test).
•
If it is ‘in the interest of justice’ that the
applicant is legally represented, but he does not pass the means test,
it must be assessed whether, despite failing the means test, he will be able to
afford the cost of legal representation. This assessment will involve an
investigation into the complexity and duration of the trial.
Emergency legal aid
The Board also provides emergency legal aid to
indigents where the circumstances so require.
Asylum seekers
Legal aid is available to qualified asylum seekers applying
or who intend to apply for asylum in Sierra Leone and resident in Sierra Leone.
Limitation of legal aid
in criminal cases
Legal aid is
provided in criminal cases where it is the ‘interest of justice’ to do so.
However, legal aid will not be provided to perpetual and habitual offenders.
Limitation of
legal aid in civil cases
Subject to the
‘interest of justice’, legal representation is not granted in the following
cases:
(a) Insolvency
cases;
(b) Personal damages
cases involving defamation, breach of an engagement contract, infringement of
privacy, seduction, adultery or inducing someone to desert or stay away from
his or her spouse;
(c) Where there is
no substantial and identifiable material benefit to the client;
(d) Cases excluded
on good cause shown by the LAB from time to time;
(e) Drafting of
Conveyances, leases and tenancy agreements
(f) Notarization of documents
(g) Matters referred to arbitration
Termination of legal aid
1. A legal aid
recipient may cause legal representation to terminate by doing any of the
following:
(a) Ceasing to
qualify under the means test.
(b) Failing to
appear in court without reasonable excuse
(c) Appearing in
court late for more than two (2) court sittings
(d) Unreasonably
refusing to accept a settlement
(e) Not complying
with a contribution order within the stated period agreed with the
recipient or, if not stated, within a reasonable time
(f) Terminating the
mandate of the legal practitioner or making it impossible for him to carry out
his mandate;
(g) Being a
perpetual and habitual offender.
2. Where legal
representation is terminated by the recipient, the issue of whether to instruct
another legal practitioner would be considered and decided by the Director
looking at the facts of each case.
3. A legal
practitioner may also withdraw or have their mandate terminated as a result of
the following:
(a)
Conflict of interest;
(b)
Ceasing to be in practice;
(c)
Ceasing to be an accredited legal aid practitioner;
(d) ill-health or other cause that makes it impossible
to carry out their obligations as a practitioner; or
(e) Incompetence or inaction, or failure to submit
reports in a timely manner.
Monitoring of legal aid providers
Pursuant to Section
32(1) 32 (1) of the Legal Aid the Board monitors and evaluates the quality of
legal aid services provided by legal aid practitioners.
Costs and settlements in civil cases
The Board does not pay or
contribute towards costs awarded against legal aid recipients and such
recipients are informed beforehand about the possibility of a costs order.
Where, with the consent
of the client, a legal aid practitioner negotiates settlement after proceedings
have commenced in a civil case, such settlement must provide for the payment of
the Board’s costs, unless the Board agrees to waive its claim for costs.
Confidentiality
All LAB clients’ information are confidential and may only be disclosed
to a third party where:
(a) The client consents to do so; (b) A court orders
disclosure; or (c) Pursuant to a statue.
Conclusion
The Legal Aid Guide
is the product of the Legal Aid Act.
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