Jersey’s Legal Aid System 1 1
Why is some form of Legal Aid necessary? • Article 6 European Convention of Human Rights ARTICLE 6 Right to a fair trial 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. .. 2. .. 3. Everyone charged with a criminal offence has the following minimum rights: (a) ... (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) ... 2
• Interpretation and Application: right of access to the Court as part of right to a fair hearing in civil and criminal cases. Note particular “minimum rights” in criminal cases. • Faulkner v UK (1999) – lack of civil legal aid in Guernsey meant breach of article 6 and right of access to the court. • Other examples eg defending defamation actions: compare Steel & Morris v UK (2005) – could not present case effectively & inequality of arms but McVicar v UK (2007) – lack of legal aid did not violate right. 3
• Other reasons include - promotion of the rule of law - increased confidence in the fairness and accessibility of the justice system - avoidance of costs to the community as a result of better justice outcomes - increased efficiency of the justice system and the courts 4
Jersey’s Legal Aid System • Tradition extending back many centuries - generally unpaid • From around start of 20 th C - Rota System & limited for each lawyer to 15 years • Bâtonnier head of system; Acting Bâtonnier runs day to day • Benefits of this particular system – enormous pro bono contribution by the Jersey legal profession • Disadvantages – - lawyers assigned irrespective of experience of issues arising - lawyers generally less than 15 years’ experience - lack of enticement to specialise in work that is legally aided - potentially better outcomes and more efficient use of court resources by consistent allocation to specialists 5
Can the Current System be reformed satisfactorily? If not, potential alternative models might include: • A paid system as in Guernsey that might permits specialism? • A dedicated Legal Aid Chambers? A Public Defender’s Office? 6
THANK YOU 7
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