What is the Legal Aid Board?

The Sierra Leone Legal Aid Board

What is the Legal Aid Board?

The Legal Aid Board is an independent non-profit organization which was passed into law in May 2012.  The mandate of the Board is to provide, administer, coordinate and monitor the provision of legal aid in civil and criminal matters. The main function of the Board is the provision of legal representation for indigents.

What are the powers of the Board?

Section 10 of the Legal Aid Act gives the Legal Aid Board the following powers:

·        Stipulate conditions for the granting of legal aid to indigent persons

·        Establish and manage the Public Defender’s Office

·        Obtain the services of legal practitioners

·        Create new procedures for providing legal aid, including making cooperation agreements with other bodies

What kind of issues will the Legal Aid Board intervene in?

The Board intervenes in the following key issues:

Family issues, child support, debt, land issues, criminal cases, domestic violence, rape and defilement, juvenile offences, commercial driven disputes and community level problems.

Who are the key target groups for the Board?

 Detainees at police stations, suspects in cells, indigent accused persons on bail, prison Inmates and victims of Gender-Based Violence, juvenile and young persons in conflict with the law are among the key target groups for the Board for the following reasons:

One of reasons for overcrowding in police cells and correctional centers is that inmates whether on remand, trial or convicted, is the lack of legal representation.  This is because the challenges posed in accessing justice through the courts are difficult as they lack the financial means to seek legal assistance due to the absence of a well-funded national legal aid scheme.

Sexual and gender-based violence (SGBV) is a problem in Sierra Leone as 67% of women suffer domestic violence.  This is in comparison with Ethiopia’s 71%, 30% in the UK and 22% in the United States.  One of the areas identified as relatively weak in dealing with SGBV is the absence of free legal advice and legal representation. This is in addition to socio-cultural barriers affecting the attitude and loss of faith in the justice system.

How do I benefit from the services of the Legal Air Board?

The Board’s priority is to serve the legal interest of low income earners. These are the poor and marginalized who cannot afford to hire the services of a lawyer. These are called INDIGENTS.

However, it is also important to emphasize you could benefit from the scheme even though you are not indigent. You could benefit from the services of the Board’s paralegals assigned to police stations and Local Courts across the country.

Those assigned to police stations will ensure rights of suspects – even those awaiting arrival of their lawyers - are protected. Those monitoring Local Courts will ensure business is conducted consistent with the Local Government Act and the rights of accused persons are respected regardless of financial status.

If you are serving a prison sentence the Board will ensure your rights are protected. Having established a Round Table Committee with the Sierra Leone Correction Services, the Board will ensure issues of over-crowding are addressed among others.

How does the Legal Aid Board determine whether a person qualifies for legal aid?

In line with the ‘Means Test’ the Legal Aid Board will determine whether a person qualifies for the scheme using the following procedure:

The applicant completes, or is assisted with completing the legal aid application form. The applicant qualifies for the scheme if he/she is unemployed or has no income or assets, or receives a state grant or old age pension.

What is the Board’s relationship with actors in the justice sector?

Since its inception in May 2015, the Board has been working with various justice sectors in the country in order to set the foundation for achieving its mandate.

The Board has formed a partnership with the Sierra Leone Police, The Sierra Leone Bar Association and The Sierra Leone Correctional Services.

What is the Board’s relationship with nongovernmental organizations?

The Board is on the move to create partnerships with NGOs engaging in projects that are related to legal aid.

What is the Board composed of?

The Legal Aid Board is composed of a Board and a Secretariat.

The Board consists of a representative each from the following: Superior Court of Sierra Leone, Law Officers Department, Ministry of Social Welfare, Bar Association, Department of Law, Fourah Bay College, Council of Paramount Chiefs, Inter-Religious Council, Local Government Association, civil society and non-governmental organizations.  

The Secretariat is headed by an Executive Secretary. It is responsible for the administration and management of the scheme.

Who funds the Board?

The Board depends on government and donors to fund its activities. The government is so far the main source of funding for the Board. ASJP has assisted with the establishment and operations of the office. Other donors are also expected to contribute over time. 

What is the basis of Government’s commitment to the scheme? 

Pillar 7 of the Agenda for Prosperity underlines the need for reform in the justice sector one that is based on making justice accessible locally; ensuring justice is expedited, and that rights and accountability are respected.

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