Ghanaian Constitution & Legal Aid

• Legal aid aims to operationalize provisions in the 1992 Constitution.
• Article 17 ensures equality before the law, with legal support for the less privileged to guarantee court access.
• Legal aid addresses specific needs of vulnerable individuals, as per Article 17 (4) a.
• Legal aid helps implement policies that address social, economic, or educational imbalances in Ghanaian society.
• Article 19 requires that those charged with a crime must be given a fair hearing, including facilities for defense preparation.
• The Legal Aid Commission Act was enacted due to these provisions.
• Legal aid is intended to alleviate the burden on individuals with financial hardships during court cases.
• Filing fees for a Writ of Summons, which are often being revised upwards, are an associated expense.
• Professional lawyer fees can be quite costly for litigants.
• Litigants may need to cover transport and accommodation for lawyers located far from the court, such as the Supreme Court in Accra.

Legal Aid Commission

• Provides legal service or aid to indigent individuals.
• Provides aid to those with reasonable grounds to participate in proceedings related to the Constitution, as per Article 294(1).
• Article 294(1) of the 1992 Constitution ensures legal aid for enforcing constitutional provisions if reasonable grounds exist.

Commission Functions

• Determines who or which class of persons will receive legal aid.
• Determines what matter or class of matters legal aid may be granted for.
• Sets priorities for who gets legal aid first.
• Determines the principles including the "means test" for legal aid applications.
• Sets conditions for granting legal aid related to costs recovered in legal proceedings.
• Legal aid is granted in the conditions that relate to the payment of contributions to the Commission by persons to whom legal aid is granted

Types of Legal Aid

• Legal aid by assigned brief is where the court assigns a lawyer.
• Judges have the power to assign cases to lawyers under Section 114 of the Courts Act, 1993 (Act 459).
• The Supreme Court, Court of Appeal, High Court, or Regional Tribunal have unfettered power to assign briefs.
• The Circuit Court can assign a lawyer for legal aid only with the chief justice's approval.
• Conditions to assign a brief include it being desirable in the interest of justice.
• The person is financially unable to obtain a lawyer.
• Legal fees will be paid by the state from the consolidated fund after the lawyer handles the case, per Section 114, sub-section 5.
• Legal aid is also given by application: People who need a lawyer but can't afford one may apply to the commission
• Applicant may be applying for themselves or on behalf of someone else.
• The commission will asses and determine qualification for legal aid when applying.
• If granted, the commission may later vary legal aid on the stated grounds.

Benefits

• Approved applicants are exempt from filing fees in court.
• Approved applicants are exempt from the cost of judicial forms.
• Approved applicants are exempt from the cost of service of filed processes.
• Approved applicants are exempt from the cost of preparing appeal records and record of proceedings, per Section 45.

Scope of Legal Aid

• Includes free legal services of a lawyer.
• Includes counseling and drafting of processes.
• Includes representing the party in court or meetings for dispute settlement.

Divisions within the Commission

• Citizen advisory division
• Public Defenders' Division
• Alternative Dispute Resolution Division
• Any other Division that the Board may determine.

Citizenry Advisory Division

• Division duties are described in section 21.
• Conducts educational programs that give the public an understanding of rights, powers, privileges, duties and responsibilities as according to the law.
• Is responsible for communicating the services the commission provides using advertisements or means of communication to call the publics attention
• Educates citizens on legally assisted person circumstances and what kind of contribution may be required
• Division Duties: creates awareness for paralegals and legal assistants in legal delivery.
• Provides free legal advice to broaden access to justice for the poor with emphasis on gender and social protection.

Public Defender Division

• Division Details in described in Section 22
• Assists persons who need legal help to realize equality to the law and a fair trail.
• Serves as a public defendant to realize articles 14, 17, 19 of the constitution
• Division Duties: Ensures that arrested, restricted, detained, or accused persons are given the appropriate legal assistance.
• Gives legal aid to people in police custody or prision.
• Provides legal aid for juveniles'
• Defends those who are arrested, detained, restricted, and accused of an offense.
• Defends the accused of a crime who is indicted for a punishment that is life in prison or anyone who cannot afford a lawyer.

Alternative Dispute Resolution Division

• Described in Section 23
• This division effectively mainstreams an ADR mechanism in the operations of commission
• Division duties: Assisting those is dispute to arrive at a compromise by using alternate dispute resolution mechanisms.
• Identiing, encourages to develop custom and arbitration
• Division duties: Coordinate with other bodies the division determines to achieve the object of the Division

Source of Funds

• A fund is established by the Act to give those who are in need legal aid.
• Lawyers who represent a client on an assigned brief is paid by the minister for justice.