Post on 16-Jan-2016
transcript
Legal Aid in Brunei Darussalam
Brunei Council on Social Welfare (MKM)
www.mkmbrunei.com
Country Background
• Land Area: 5,765 Sq km• Population: 408,786 (2012 est.)– 72% Citizens / 21% PR / 7% TR
• Malay Islamic Monarchy • Dual Legal System– Civil Law: English Common Law– Syariah Law: Criminal & Civil
• Economy: Oil and Gas
Key Responsible Agencies
• State Judiciary Dept, Prime Minister’s Office– Criminal Capital Cases only
• Non-Governmental Organisations– Law Society of Brunei Darussalam• Established pursuant to the Legal Profession (Law
Society of Brunei Darussalam) Order of 2003
– Brunei Council on Social Welfare (MKM)• Registered under the Registrar of Societies on 2
December 2009
State Judiciary Department
• Circular No. 10 of 1997– Practice Direction on Legal Aid in Capital Cases • E.g. Murder, Drug Trafficking, Possession of Firearms
• No legislation to provide compulsory legal representation
• Regardless of citizenship status
Year 00 01 02 03 04 05 06 07 08 09 10 11 12 13
Legal Aid Cases 6 1 0 3 1 7 0 5 2 2 1 3 3 3
State Judiciary Department
• Availability– Trial and Appeal stages– Not available during Investigation, Charge, Preliminary Inquiry
• Eligibility– No specific means test– Affordability determined by Chief Registrar of the Supreme Court
• Appointment– Counsel appointed from a law firm on rotational basis– Of at least five years practice experience– Appointment continues even if charge reduced to a non-capital
case
State Judiciary Department
• Remuneration– Circular No.3 of 2001– Average of regular rates charged by lawyers in
non-legal aid cases– According to fixed tariffs • E.g. Appearance for a trial day fixed at B$700.00
– No cap on amount liable to be claimed– Refund on outlays reasonably incurred• Eg. Fees payable to Expert Witnesses
Law Society of Brunei Darussalam
• Members– 111 Advocates and Solicitors in private legal practice
(2014)• Legal Clinic– Launched in 2012– Consultation on Civil, Criminal and Syariah matters– Rotational Basis by different law firms– Free legal advice to those earning less than B$750 in
monthly income– Pro Bono representation for criminal matters not available
Brunei Council on Social Welfare (MKM)
• Objectives– To complement and
supplement governmental efforts on social welfare
– To coordinate efforts across various NGOs
• Aim– to address the social
issues of the following five core vulnerable groups namely: • Children; • Persons with disabilities;• Elderly; • Poor and needy; and • Family units.
Brunei Council on Social Welfare (MKM)
• Legal Advice and Advisory Clinic – Launched on 8 March 2013
• Objectives: Provision / Protection / Education
– In partnership with volunteer law firms• Yusof Halim & Partners• Ibrahim Al-Haj & Company• Al Wadi Company
– Services:• Weekly Free Legal Advice• Legal Services for deserving cases
– On a Pro Bono or subsidised basis
• Free General Advice
MKM Free Legal Advice
• Two free consultations and legal advice per client • Brief legal opinion to MKM on the merit of
client’s case to commence legal proceedings.• Free Legal Advice Areas– Domestic Violence– Divorce, Custody and Maintenance– Property Disputes– Sexual Offences– Migrant Worker Issues
MKM Legal Advice
• Eligibility– For Free Advisory Services: • Resident of Brunei Darussalam
– For Free Legal Consultation and Advice• Resident of Brunei Darussalam; and• Total family income divided by the members of the
family not more than B$400.00
– For Subsidized or Pro Bono Legal Services• Case by Case basis on level of representation• Merits of the case based on legal opinion
MKM Legal & Advisory Services
2013 2014 20150
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LegalNon-LegalClosedtotal
Best Practices
• Civil Society Commitment
• Means Testing
• Link between Social Welfare and Legal Aid
Achievements & Challenges
• Serving the underprivileged – Achievement: One-Stop Service
• Volunteers– Challenge: Lawyers volunteering pro bono work
• Capacity-Building– Challenge: Training on Legal Aid for volunteers
END
Brunei Council on Social Welfare (MKM)
www.mkmbrunei.com