Legal aid is a pivotal element of a fair, humane and efficient criminal justice system that is based on the rule of law. International law and standards are crystal clear on the fact that states should ensure a comprehensive legal aid system that is accessible, effective, sustainable, and credible so that justice can be accessible to all. Sierra Leone is a signatory to the International Covenant on Civil and Political Rights which provides for the right to fair trial and legal aid in Article 14(3) (d). The Sierra Leone Constitution also provides for this right in Sections 23 and 25.
Sierra Leone passed the Legal Aid Act in May 2012, thus establishing the Sierra Leone Legal Aid Board (LAB) which is an independent organ with an objective of providing legal aid nationwide. The Board’s core functions include the provision of legal information and education, provision of legal advice and legal representation in the court of law. Its functions further include the provision of legal aid services to indigents, national awareness raising, public education campaigns that will increase the understanding of the public on legal aid services, training and capacity building, research, surveys, monitoring and evaluation. The following are very important issues in its interventions: family issues, child support, debt, land issues, criminal cases, domestic violence, rape and defilement, juvenile offences, commercial driven disputes and community level problems.
The mandate of the Legal Aid Board is to provide, administer, coordinate and monitor the provision of legal aid in civil and criminal matters. Its vision is to create a networking and collaborative organization that is flexible and responsive to eligible low-income individuals and groups, and thereby play a leading role in enhancing fair and balanced justice system where people would be able to understand and protect their rights. The Board has therefore formed partnerships with various justice departments including the Sierra Leone Police, Sierra Leone Correctional Services, and the Sierra Leone Bar Association. The Board is also on the move of creating partnerships with NGOs engaging in projects that are related to legal aid.
As a result of the huge number of inmates at the Sierra Leone Correctional Facilities, the Board presently focuses on inmates including accused persons on remand, those without charge and also those serving sentences that may want to appeal. To prevent misuse of the legal aid services, the Act provides that a person must be an indigent in order to be qualified for legal aid. In line with this, the Board has put in place certain conditions that will be used to determine persons that qualify for legal aid. To achieve its objective, the Board plans to establish regional offices in Bo, Makeni and Kenema which will have lawyers to attend to Magistrate and High Court matters and paralegals to attend to Local Court matters. The 149 chiefdoms will have one paralegal to 5 chiefdoms for reasons of cost.
The Government of Sierra Leone has provided some funds for salaries and basic logistics and ASJP has supported the establishment and operations of the office. However, it is clear that additional funding is needed for the setting up and operationalisation of the national programme in support of legal aid in Sierra Leone. Additional funding is needed to - (1) provide adequate support and resources to build and sustain the legal aid system; (2) provide adequate number of lawyers and paralegals to meet the need for legal aid services; (3) ensure the necessary training for lawyers assigned to provide legal aid services; (4) educate justice and security actors, as well as the general public, about the meaning and importance of an effective legal aid system; (5) provide a well-resourced office environment with spaces and equipment’s for hosting of paralegals and mediators; (6) set up a hotline that will be used by members of the public to inform the Board about matters which fall within the Board’s mandate; (7) make available the training and capacity building resources for continuing education; and (8) develop training programmes with the National Legal and Justice Institute for the provision of legal education.
What role should Parliament and the Public play in the Provision of Access to Legal Aid in Sierra Leone?
Parliament has helped with the passing of the Legal Aid Bill into law in 2012, however, the provision of access to legal aid is a process and we are presently at the preliminary stage. Parliamentarians must therefore inform their Constituents about the scheme and its parameters. MPs should also give talk to the Chiefs to make use of the paralegals for their matters or matters pertaining to inhabitants of their respective chiefdoms. Importantly also, MPs must ensure that the Government provides the funding for the full realization of the objectives of the Board.
Members of the public also have a role to play because the Board will only realise its objectives when it receives the necessary cooperation not only from its sponsors and partners but also from members of the public. The Public must be mindful of the fact that the Legal Aid Board is an independent institution that is geared towards making justice accessible to all and must therefore not be hesitant to cooperate with it. Members of the public are therefore accordingly implored to share and disseminate the information about the existence, mandate and objectives of the Legal Aid Board through social media and other legal means.
Sierra Leone passed the Legal Aid Act in May 2012, thus establishing the Sierra Leone Legal Aid Board (LAB) which is an independent organ with an objective of providing legal aid nationwide. The Board’s core functions include the provision of legal information and education, provision of legal advice and legal representation in the court of law. Its functions further include the provision of legal aid services to indigents, national awareness raising, public education campaigns that will increase the understanding of the public on legal aid services, training and capacity building, research, surveys, monitoring and evaluation. The following are very important issues in its interventions: family issues, child support, debt, land issues, criminal cases, domestic violence, rape and defilement, juvenile offences, commercial driven disputes and community level problems.
The mandate of the Legal Aid Board is to provide, administer, coordinate and monitor the provision of legal aid in civil and criminal matters. Its vision is to create a networking and collaborative organization that is flexible and responsive to eligible low-income individuals and groups, and thereby play a leading role in enhancing fair and balanced justice system where people would be able to understand and protect their rights. The Board has therefore formed partnerships with various justice departments including the Sierra Leone Police, Sierra Leone Correctional Services, and the Sierra Leone Bar Association. The Board is also on the move of creating partnerships with NGOs engaging in projects that are related to legal aid.
As a result of the huge number of inmates at the Sierra Leone Correctional Facilities, the Board presently focuses on inmates including accused persons on remand, those without charge and also those serving sentences that may want to appeal. To prevent misuse of the legal aid services, the Act provides that a person must be an indigent in order to be qualified for legal aid. In line with this, the Board has put in place certain conditions that will be used to determine persons that qualify for legal aid. To achieve its objective, the Board plans to establish regional offices in Bo, Makeni and Kenema which will have lawyers to attend to Magistrate and High Court matters and paralegals to attend to Local Court matters. The 149 chiefdoms will have one paralegal to 5 chiefdoms for reasons of cost.
The Government of Sierra Leone has provided some funds for salaries and basic logistics and ASJP has supported the establishment and operations of the office. However, it is clear that additional funding is needed for the setting up and operationalisation of the national programme in support of legal aid in Sierra Leone. Additional funding is needed to - (1) provide adequate support and resources to build and sustain the legal aid system; (2) provide adequate number of lawyers and paralegals to meet the need for legal aid services; (3) ensure the necessary training for lawyers assigned to provide legal aid services; (4) educate justice and security actors, as well as the general public, about the meaning and importance of an effective legal aid system; (5) provide a well-resourced office environment with spaces and equipment’s for hosting of paralegals and mediators; (6) set up a hotline that will be used by members of the public to inform the Board about matters which fall within the Board’s mandate; (7) make available the training and capacity building resources for continuing education; and (8) develop training programmes with the National Legal and Justice Institute for the provision of legal education.
What role should Parliament and the Public play in the Provision of Access to Legal Aid in Sierra Leone?
Parliament has helped with the passing of the Legal Aid Bill into law in 2012, however, the provision of access to legal aid is a process and we are presently at the preliminary stage. Parliamentarians must therefore inform their Constituents about the scheme and its parameters. MPs should also give talk to the Chiefs to make use of the paralegals for their matters or matters pertaining to inhabitants of their respective chiefdoms. Importantly also, MPs must ensure that the Government provides the funding for the full realization of the objectives of the Board.
Members of the public also have a role to play because the Board will only realise its objectives when it receives the necessary cooperation not only from its sponsors and partners but also from members of the public. The Public must be mindful of the fact that the Legal Aid Board is an independent institution that is geared towards making justice accessible to all and must therefore not be hesitant to cooperate with it. Members of the public are therefore accordingly implored to share and disseminate the information about the existence, mandate and objectives of the Legal Aid Board through social media and other legal means.
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