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.