Legal Aid Council Presentation PDF

THE LEGAL AID COUNCIL – ENSURING ACCESS TO JUSTICE Presenter: Mrs. Dian Watson Executive Director INTRODUCTION Access to justice is a “meaningless concept” if legal aid is not available to citizens Presentation Outline Historical Background Overview of the Legal...

THE LEGAL AID COUNCIL – ENSURING ACCESS TO JUSTICE Presenter: Mrs. Dian Watson Executive Director INTRODUCTION Access to justice is a “meaningless concept” if legal aid is not available to citizens Presentation Outline Historical Background Overview of the Legal Aid Act The Legal Aid Council- Mission and Mandate Services- Duty Counsel Court Representation Mobile Unit 2  HISTORICAL BACKGROUND LEGAL JAMAICA AID Poor Prisoners ENGLAND Defence Act - (1961) STATUTE OF HENRY VII (1495) POOR PRISONER DEFENCE ACT 1903 The Legal Aid Act - ENGLISH LEGAL AID AND ADVICE ACT 2000 1949 This Photo by Unknown Author is licensed under CC BY-ND 3 IS LEGAL AID A RIGHT IN ITSELF? Legal aid is both a right in itself and an essential precondition for the exercise and enjoyment of a number of human rights, including the rights to a fair trial and to an effective remedy,” said “It represents an important safeguard that contributes to ensuring the fairness and public trust in the administration of justice.” Ms. Knaul, presenting her latest report to the UN Human Rights Council. May 30, 2013 4  The Right to Counsel The Jamaican Constitution, under Jamaican law attaches Section 16(6)(C), The right to counsel is the right to counsel upon provides that: ” Every also applicable to arrest. Section 12 of person charged with a persons who are the Legal Aid criminal offence shall … detained under Section Regulations creates a be entitled to defend 14(3)(d) of the duty on the police to himself in person or Constitution which states: inform through legal “Any person who is his right the detainee of to legal aid and representation of his own arrested or detained choosing or, if he has not shall have the right … to request the services of the Duty Counsel if sufficient means to pay to communicate with for legal representation, and retain an attorney tothe detainee is unable afford an attorney at to be given such at law.” law of his choice. assistance as is required in the interests of justice” OVERVIEW OF THE LEGAL AID ACT The Act establishes the framework for the provision of Purpose legal advice, assistance and representation to persons who cannot afford to retain an Attorney-at-Law. Any person detained on suspicion of or charged with Who benefits? a criminal offence punishable by imprisonment, is entitled legal aid representation Parish Judge , Judge (High Court), the Registrar of the Supreme, Gun or Appeal Court, the Director of a Who grants Legal Aid Legal Aid Clinic, the Executive Director of the Legal Aid Council 6  Mission To provide in a timely manner, quality, professional legal services, ensuring access to justice for all. LEGAL AID COUNCIL THE LEGAL AID COUNCIL : MANDATE Section 4 – LAA Administer Legal Aid Scheme Efficient and coordinated scheme Establish Panel of Attorneys-at-Law Section 4 - LAA Establish and maintain a Section 4 - LAA tariff of fees 8 THE LEGAL AID COUNCIL : MANDATE Section 4 – LAA Implement means test criteria Efficient and coordinated scheme Promote Public Awareness Section 4 - LAA Reviews policies and Section 4 - LAA laws about legal aid 9 SERVICES OFFERED BY THE LEGAL AID COUNCIL This Photo by Unknown Author is licensed under CC BY DUTY COUNSEL COURT REPRESENTATION MOBILE JUSTICE UNIT 10 DUTY COUNSEL A Duty Counsel Provide timely legal is an Attorney- advice. at-Law who is available to To shift the balance of attend a police power between the station when detainee and the police called to do so. Mitigate the dangers of police coercion. 11  JAMAICAN JUSTICE SYSTEM REFORM TASK FORCE – JUNE 2007 “Most lawyers who practice at the criminal bar will agree that more cases are won or lost at the police station than in the courtroom. This illustrates the importance of the proper investigations and the guarding of the rights of the accused/detainee. Since 2000, the Legal Aid Council in Jamaica has operated a Duty Counsel scheme at police stations where all persons detained or arrested are entitled to the services of a lawyer during their contact with the police. The responsibility is on the police to inform the citizen of his right to counsel and to contact the lawyer for the person  “This is a scheme which has the potential for a far reaching impact on the justice system for several reasons Where a person’s rights are respected and protected by a lawyer, he or she A person who has his rights With this level of cooperation, will have more trust in the system, observed at this stage is more likely there should be less innocent including the functions of the police, to cooperate with the police; persons incarcerated or detained; and more confidence in the system that offers him protection from the first contact with it; The evidence adduced and the The detainee/accused and his family A confession statement taken are more likely to support a police information gathered through after proper advice from counsel force that safeguards his rights by following proper procedures with is more likely to be unchallenged contacting duty counsel for him.” protection for a suspect’s rights will be at trial more acceptable in court DUTY COUNSEL Eligibility for Service Client Council/Police ❖ Client must be in custody ❖ No application form required Counsel ❖ No offence is excepted 14 ROLE OF DUTY COUNSEL - LEGAL AID REGULATIONS Attend Police station, lock up, 11(1)(a) correctional institution Give legal advice 11(1) b &c Attend ID parade Make bail application 11(1) d &e Represent client at first Court hearing 15 ROLE OF DUTY COUNSEL 1.Advise a client in private, i.e., in 3. Assess the clients sight of but not in the hearing of vulnerabilities, that is, speech or the police. The consultation must hearing impediments and/ or mental be of reasonable duration to challenges facilitate a thorough consultation. A full record of the consultation 4. Check on the following must be kept by Duty Counsel. Whether detainee is a child 2. Ensure that the client is not If the detention in accordance being mistreated. Record with the law Complaints and signs of maltreatment. Where applicable Statements given to police, make a report to a senior officer. clothing, DNA samples 16 ROLE OF DUTY COUSEL 5. Consult with the investigating officer regarding the basis of detention, location and timing of the alleged offence and discuss next steps. 6. Advice the client of next steps. 7. Advice clients to avoid exposure to persons visiting the station in the event that he or she will be placed on an identification parade. 17 ROLE OF DUTY COUNSEL – Q & A Advise the client on how to proceed in the interview. Explain the role of Duty Counsel in the process. Ensure client is comfortable – fed etc Ensure vulnerable clients are not at a disadvantage Ensure the client understands the questions being asked If necessary, stop the interview and advise client in private 18  ROLE OF DUTY COUNSEL ATTENDANCE AT COURT Advise the client on his choice of plea. Make an application for bail if he was unable to secure station bail. If the application cannot be heard on the first court date, set a date for the hearing of the bail application. Advise the client that he can make an application for an attorney to be assigned in this case to represent him in court if he is unable to retain an attorney. CONVICTION QUASHED OR UPHELD? This Photo by Unknown Author is licensed under CC BY-SA Factors Boy of 15 years His parents were not invited to participate He did not have the benefit of legal representation The JP did not talk to him in private before the taking of the statement – he did not ascertain why he wanted to talk Neither the JP nor the Police enquired about his well being or comfort He was in the police station for over 5 hours before the statement was taken 24 In R v Bertram Clark and Another JMCA Crim 51, the Jamaican Court of Appeal overturned a conviction of a minor who had given a confession in the presence of a Justice of the Peace and without his parent or guardian being present. DUNBAR-GREEN JA (AG) in delivering the judgment of the Court noted the absence of duty Counsel and stated at paragraph 112 that “… no effort should be spared in facilitating him with Duty Counsel where an attorney at law has not been retained on his behalf.” COURT REPRESENTATION/ASSIGNMENTS Eligibility for Service Application – Form C Council/ Client Court/ Clinic Means test conducted Contribution, if applicable Counsel Legal Aid Certificate (Form D) issued Offence is not excepted -Dangerous Drugs, Minor offences 25 THE ROLE OF COUNSEL – COURT REPRESENTATION/ASSIGNMENTS - Zealous Advocacy - Same Care and Attention as if retained (S.23(2)(a)-LAA -Duty to Attend Court Procedure to Notify Court of Absence (Reg.19(1) – Procedure to Notify Certifying Authority of inability to act/conflict of interest 26 THE ROLE OF COUNSEL – COURT REPRESENTATION/ASSIGNMENTS – Complex Matters - (Senior & Junior Counsel for Murder) – Children and Legal Aid Child Diversion, Deemed Uncontrollable – Expert assistance (ENT, Medical Specialist/DNA/Survey/ Photography/Hearing Aid Expert/Handwriting Expert 27  MOBILE JUSTICE UNIT JUSTICE CENTRES TARGETED COMMUNITIES INSTITUTIONS/GROUPS 2 29 MOBILE JUSTICE UNIT Assigned Justice Centre Scheduled Dates for Monthly Visits St. Andrew Fourth Monday Mobile Justice Unit Pembroke Hall Fourth Monday Manchester Second Tuesday St. Ann Third Tuesday Greenwich Town Fourth Tuesday Advise citizens of Westmoreland Second Wednesday scheduled visits Denham Town Third Wednesday MOJ website- moj.gov.jm Tower Hill Fourth Wednesday Trelawny Second Thursday Coordinate group St. Elizabeth Third Thursday meetings/sensitization St. Mary Fourth Thursday sessions. St. James First Friday Hanover First Friday Clarendon Second Friday Portland Fourth Friday August Town Fourth Friday LEGAL AID COUNCIL AND VULNERABLE GROUPS DISABLED COMMUNITIES MENTALLY DISORDERED INMATES This Photo by Unknown Author is licensed under CC BY-ND 30 INITIATIVES FOR THE DISABLED COMMUNITIES JUSTICE FAIRS SCHEDULED MOBILE VISITS CAPACITY BUILDING 31 MENTALLY DISORDERED INMATES OVER 300 IN CORRECTIONAL FACILITIES. The Council initiated proceeding s in the Supreme Court for several inmates. In 2024 the Supreme Court orders mentally challenged men released after languishing in prison for nearly half a century. 32 SOURCES John D. King, Beyond "Life and Liberty": The Evolving Right to Counsel, 48 Harv. C.R.-C.L. L. Rev. 1 (2013), pg 6 Flynn, A. L. G., Hodgson, J., McCulloch, J., & Naylor, B. G. (2016). Legal aid and access to legal representation: Redefining the right to a fair trial. Melbourne University Law Review, 40(1), 207-239 https://sirhenrybrooke.me/2016/07/30/the-poor-prisoners-defence-acts- 1903-and-1930/ Diana Harrison, Right to Speedy Trial, A comparative analysis of the administration of criminal justice in Jamaica, England and the United States, https://discovery.ucl.ac.uk Winston McCalla, Legal Aid Developments in the Caribbean, 12 U. MIA Inter-AM. L. Rev.381 (1980) THANK YOU Contact the Legal Aid Council 876-948-6999 Email: [email protected] WhatsApp: 876-505-9375