Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system . Legal aid is regarded as central in providing access to justice by ensuring equality before the law , the right to counsel and the right to a fair trial . This article describes the development of legal aid and its principles, primarily as known in Europe , the Commonwealth of Nations and in the United States.
145-542: Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3 of the European Convention on Human Rights regarding criminal law cases and Article 6.1 of the same Convention both for civil and criminal cases. Especially for citizens who do not have sufficient financial means, the provision of legal aid to clients by governments increases the likelihood, within court proceedings, of being assisted by legal professionals for free or at
290-414: A Legal Aid Commission to provide legal services in criminal, civil, and family law matters to the indigent, but will only assist those who meet their threshold criteria, particularly with regard to income. Anyone accused of a Commonwealth crime, or crime falling within the jurisdiction of the federal government, has the right to ask a judge for counsel within two weeks of committal, and the judge may appoint
435-475: A lawyer . The Constitution of Brazil declares that all defendants have right to counsel, and mandates that all defendants who cannot pay for an attorney are entitled to state-funded legal representation in all criminal and civil cases . Public defender's offices exist at both state and federal levels as mandated by the constitution. A person must formally declare that they cannot afford regular legal aid to benefit from public defenders' services. In Canada,
580-519: A Sixth Amendment right to counsel in any civil proceeding, including a deportation hearing (even though deportability is often a collateral consequence of criminal conviction). However, as described below, there are certain civil proceedings where parties have a right to appointed counsel; such a right is pursuant to the Fourteenth Amendment 's due process or equal protection clause, a state constitution's due process or equal protection clause, or
725-571: A bond that is not only regional or geographic: a State cannot be party to the European Convention on Human Rights if it is not a member of the Council of Europe; it cannot be a member State of the Council of Europe if it does not respect pluralist democracy, the rule of law and human rights. So a non-democratic State could not participate in the ECHR system: the protection of democracy goes hand in hand with
870-505: A broad interpretation, taking for instance that prohibition of private consensual homosexual acts violates this article. There have been cases discussing consensual familial sexual relationships, and how the criminalisation of this may violate this article. However, the ECHR still allows such familial sexual acts to be criminal. This may be compared to the jurisprudence of the United States Supreme Court, which has also adopted
1015-650: A case without a lawyer present for the defendant, and mandated that a court must appoint a lawyer when the defendant cannot afford one. Public legal assistance is provided through the National Legal Services Authority and state-level legal services organizations. Courts appoint legal aid lawyers in both civil and criminal cases. All defendants, detainees, and criminal suspects in Israel are entitled to legal representation in any criminal proceedings pertaining to them and all suspects are also entitled to consult
1160-524: A crime carrying a penalty of at least 5 years imprisonment are entitled to representation by the Public Defense, as are juveniles and the disabled. All indigent detainees and detainess for whom a request has been filed for remand until the end of proceedings are also entitled to representation from the Public Defense, as are prisoners who are facing parole hearings, anyone facing extradition proceedings, and sentenced defendants requesting retrial when cause
1305-406: A criminal offence at the time of its commission. The article states that a criminal offence is one under either national or international law, which would permit a party to prosecute someone for a crime which was not illegal under domestic law at the time, so long as it was prohibited by international law . The Article also prohibits a heavier penalty being imposed than was applicable at the time when
1450-441: A democratic society". Article 12 provides a right for women and men of marriageable age to marry and establish a family. Right to counsel In criminal law , the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers ) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses . The right to counsel
1595-404: A difficult position but also burdens the whole court system." Tom McNally said, "If we really wanted to make substantial reforms to the criminal justice system, it was almost impossible with the continuation of austerity." Litigants in person do not know what evidence to bring or what questions to ask. During divorce and separation cases far fewer couples take up mediation. Without lawyers no one
SECTION 10
#17328476867971740-638: A direct response to twin concerns. First, in the aftermath of the Second World War , the convention, drawing on the inspiration of the Universal Declaration of Human Rights , can be seen as part of a wider response from the Allied powers in delivering a human rights agenda to prevent the most serious human rights violations which had occurred during the Second World War from happening again. Second,
1885-427: A divorced parent to his/her child). Notable cases: Article 9 provides a right to freedom of thought , conscience and religion . This includes the freedom to change a religion or belief, and to manifest a religion or belief in worship, teaching, practice and observance, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". Relevant cases are: Article 10 provides
2030-463: A federal/state statute. Subject to considerations such as conflicts of interest, scheduling, counsel's authorization to practice law in the jurisdiction, and counsel's willingness to represent the defendant (whether pro bono or for a fee), criminal defendants have a right to be represented by counsel of their choice. The remedy for erroneous deprivation of first choice counsel is automatic reversal. A criminal defendant unable to afford counsel has
2175-410: A language they understand, of the reasons for the arrest and any charge they face, the right of prompt access to judicial proceedings to determine the legality of the arrest or detention, to trial within a reasonable time or release pending trial, and the right to compensation in the case of arrest or detention in violation of this article. Article 6 provides a detailed right to a fair trial , including
2320-427: A lawyer for a defendant unable to hire one, and it is mandatory for courts to appoint a lawyer to the blind, deaf , and mute, minors, and anyone facing the death penalty. The Chinese government operates thousands of legal aid centers nationwide for indigent defendants. The provincial governments rather than the central government are responsible for setting the threshold at which an economically disadvantaged person meets
2465-531: A lawyer if convinced that the defendant cannot afford counsel. A network of community legal centres also exists to provide legal services free of charge to poor people who do not qualify for Legal Aid . Although they receive federal and state funding, they are independent non-profit organizations which rely on lawyers to staff them on a volunteer basis. Most cannot adequately keep up with demand and must turn some people away. Those who cannot obtain any kind of legal assistance may go unrepresented if they cannot pay for
2610-487: A lawyer prior to police interrogation. However, only those deemed eligible are entitled to state-funded representation if they cannot afford a lawyer. The Israeli Justice Ministry maintains the Public Defense unit to provide state-funded legal counsel to eligible defendants. In criminal trials, all defendants charged with a severe crime carrying a penalty of at least 10 years imprisonment and indigent defendants charged with
2755-534: A lawyer, one will be assigned to the case. If no lawyer is available, an "honorable person" must take the place of a lawyer. Defendants have the right to refuse counsel unless illiterate or a minor, in which case a judge may impose a lawyer on the accused. Under Article 20 (titled Access to law and effective judicial protection) of the Portuguese Constitution , every citizen has the right to legal information, legal counselling, and legal assistance as part of
2900-562: A lawyer, such as hiring one or, if this is not within their means, finding one who will work pro bono . European Convention on Human Rights The European Convention on Human Rights ( ECHR ; formally the Convention for the Protection of Human Rights and Fundamental Freedoms ) is an international convention to protect human rights and political freedoms in Europe . Drafted in 1950 by
3045-426: A legal basis to go forward. The Legal Services Agency of Northern Ireland provides civil and criminal legal aid. Civil legal aid is means-tested. Criminal legal aid is provided free of charge to anyone facing police questioning. For criminal trials, legal aid is means-tested and is also merit-tested to determine whether it is in the interests of justice that the defendant receive legal aid. The Sixth Amendment to
SECTION 20
#17328476867973190-429: A lower cost, or of receiving financial aid. A number of delivery models for legal aid have emerged, including duty lawyers , community legal clinics , and the payment of lawyers to deal with cases for individuals who are entitled to legal aid. More informal or general legal advice and assistance may also be provided for free or at low cost through such means as law centres (UK), community legal centres (Australia) or
3335-505: A minimum of 50 hours of legal representation for free or with minimum payment. The Napoleonic Code of Criminal Instruction, adopted in France in 1808 and inspiring many similar codes in civil law countries, made it compulsory that the defendant should have a lawyer when tried in the assize courts (which judged severe crimes). All criminal defendants in France enjoy right to counsel, and there
3480-598: A need for legal aid, and responded by creating the South African Legal Aid Board which began its work in 1971 and now provides the majority of legal aid throughout the country. The Board has autonomy and is independent from government in its decision-making, and has sole jurisdiction over determining the provision of legal aid. The Board provides legal aid to all "qualifying indigent individuals" with an income of R600.00 or less. If individuals do not meet this qualification they are provided other methods of obtaining
3625-621: A plain and honest Defence, which ... is always the best; the Simplicity and Innocence, artless and ingenuous Behaviour of one whose Conscience acquits him, having something in it more moving and convincing than the highest Eloquence of a Person speaking in a cause not their own. This changed as more and more prosecutions became, for reasons of public policy, funded by the Crown, who employed professional counsel. An innate sense of fair-play prevailed therefore, permitting defence counsel to be present, albeit at
3770-495: A police station is entitled to free legal advice. Legal aid in criminal trials is also means-tested unless the defendant is under 16 or under 18 and in full-time education, or receiving certain benefits. A defendant may be asked to pay a contribution for their defense. The Scottish Legal Aid Board provides civil and criminal legal aid in Scotland. In criminal cases, legal aid is provided if facing serious charges likely to result in
3915-478: A prison sentence or job loss, the mentally and physically disabled , those who do not speak English as a first language, those held on remand , and those facing appeals . Those requesting legal aid must show that they cannot afford to pay their own legal costs or doing so would be unfair to themselves or their families. Legal aid in civil cases is provided for applicants who show they cannot pay for their own legal costs, as well as those whose cases are deemed to have
4060-538: A report to the Assembly proposing a list of rights to be protected, selecting a number from the Universal Declaration of Human Rights that had recently been agreed to in New York, and defining how the enforcing judicial mechanism might operate. After extensive debates, the Assembly sent its final proposal to the council's Committee of Ministers, which convened a group of experts to draft the convention itself. The convention
4205-567: A right to appointed counsel if they are not sentenced to actual imprisonment, even if that conviction is later used to enhance sentencing for another crime, or even if the revocation of probation may result in actual imprisonment (although for parole revocation, the court evaluates the right to counsel on a case-by-case-basis). Nor does the defendant have the right to appointed counsel to raise frivolous arguments on direct appeal, or to raise any arguments on habeas or other collateral appeal, even if facing execution. One federal court has held that
4350-522: A right to counsel in certain types of federal court proceedings, such as civil forfeiture of a primary residence or proceedings involving those in active military service. Finally, all states provide a right to counsel by either statute , court decision, or court rule in at least some civil proceedings, with the most commonly covered proceedings being termination of parental rights, abuse/neglect, civil commitment, paternity, and civil contempt. The state court decisions can be based on interpretation of either
4495-475: A somewhat broad interpretation of the right to privacy . Furthermore, Article 8 sometimes comprises positive obligations : whereas classical human rights are formulated as prohibiting a state from interfering with rights, and thus not to do something (e.g. not to separate a family under family life protection), the effective enjoyment of such rights may also include an obligation for the state to become active, and to do something (e.g. to enforce access for
Legal aid - Misplaced Pages Continue
4640-411: A specific lawyer. The defendant will not be charged for legal services if acquitted, but will be liable to pay the lawyer's expenses if convicted unless the court finds that the defendant is indigent. In civil cases, the state provides legal representation, legal advice, and help in covering court costs to those who cannot raise the necessary funds to hire an attorney, but only when it is deemed that there
4785-467: A state court must appoint counsel upon imposition of probation, regardless of whether a separate suspended sentence of incarceration is also imposed and regardless of whether counsel is provided for any subsequent probation revocation proceeding, while others have held or suggested that if probation is imposed without counsel, then a person may not be subsequently jailed for violation of that probation. With respect to federal law on civil proceedings, there
4930-481: A state's margin of appreciation . In Vo v France , the court declined to extend the right to life to an unborn child, while stating that "it is neither desirable, nor even possible as matters stand, to answer in the abstract the question whether the unborn child is a person for the purposes of Article 2 of the Convention". The court has ruled that states have three main duties under Article 2: The first paragraph of
5075-551: A suspect or fugitive, or suppressing riots or insurrections, will not contravene the Article when the use of force involved is "no more than absolutely necessary". Signatory states to the convention can only derogate from the rights contained in Article 2 for deaths which result from lawful acts of war. The European Court of Human Rights did not rule upon the right to life until 1995, when in McCann and Others v United Kingdom it ruled that
5220-543: A variety of other organisations which provide various forms of legal aid in and outside of court. Legal aid has a close relationship with the welfare state , and the provision of legal aid by a state is influenced by attitudes towards welfare. Legal aid is a welfare provision by the state to people who could otherwise not afford counsel from the legal system. Legal aid also helps to ensure that welfare provisions are enforced by providing people entitled to welfare provisions, such as social housing, with access to legal advice and
5365-404: A welfare state provision. Individual enforcement of welfare entitlement requires the kind of legal aid funding states emphasising collective enforcement were more likely to provide. Historically legal aid has its roots in the right to counsel and right to a fair trial movement of the 19th-century continental European countries. " Poor man's laws " waived court fees for the poor and provided for
5510-452: Is a constitutional right to counsel for juveniles in delinquency proceedings, and there is a right to "qualified and independent assistance" (although not necessarily an attorney) for prisoners involuntarily transferred to a mental health facility. The federal constitutional right to appointed counsel in termination of parental rights proceedings is on a case-by-case basis. For civil contempt proceedings related to failure to pay child support,
5655-432: Is a country that has reconstructed its legal systems in an attempt to mimic Western democratic countries, creating an arguably more just and fair justice system. South Africa has a national judiciary as well as, in some areas, a tribal form of administration of justice. This is described as " legal pluralism ". The informal "indigenous laws" are substantially different from the rest of the nation's laws and customs, hindering
5800-510: Is a reasonable chance of success. Article 22 of the Constitution of India states that "No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice." In 2011, the Supreme Court of India ruled that a court could not decide
5945-562: Is a risk of unfair trial. The High Court of Australia ruled in Dietrich v The Queen that while indigent defendants are not entitled to legal defense as a guaranteed right, a judge should typically grant a request for an adjournment or stay in most serious criminal cases where a defendant is unrepresented, and should allow a trial where a defendant accused of a serious criminal offense is left unrepresented to proceed only in exceptional circumstances. Each state and territory of Australia has
Legal aid - Misplaced Pages Continue
6090-704: Is administered by the Legal Aid Agency (until 31 March 2013 by the Legal Services Commission ), and is available for most criminal cases, and many types of civil cases. Exceptions include libel , most personal injury cases (which are now dealt with under Conditional Fee Agreements, a species of contingent fee ), and corporate cases. Family cases are also sometimes covered. Depending on the type of case, legal aid may or may not be means tested and in some cases legal aid can be free to those on benefits, out of work and have no savings or assets. Criminal legal aid
6235-497: Is also a right to counsel in civil and administrative cases. State-funded legal aid for those facing criminal, civil, and administrative cases is available to those legally resident in France, and in some cases can be used for cases in another jurisdiction in Europe. Eligibility is means-tested, with a sliding scale of support based on income. Those at or below the lowest threshold are entitled to full legal assistance with all costs paid by
6380-581: Is an inalienable element of 'reasonable, fair and just' procedure, for without it a person suffering from economic or other disabilities would be deprived of the opportunity for securing justice. In the civil side, Order XXXIII. R.18 of the Code of Civil Procedure 1908 provided that the state and central governments may make supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as an indigent person. The Legal Services Authorities Act, 1987 made drastic changes in
6525-670: Is around to point out less confrontational ways of settling matters. Philip Alston said that legal aid had become considerably less available in England and Wales from 2012, which had, "overwhelmingly affected the poor and people with disabilities, many of whom cannot otherwise afford to challenge benefit denials or reductions and are thus effectively deprived of their human rights to a remedy". LASPO has also had an impact on legal aid providers, who say they are "dismay[ed] at...such deep and arbitrary cuts" to legal aid. There have been 37 legal aid providers which have collapsed since April 2020, which
6670-639: Is called the Community Legal Aid Service (CLAS) Rule. The CLAS Rule applies to lawyers who are in their first year of practice. Many developmental legal services are provided by most law firms and NGOs in the Philippines. In 2019 FLAG freely represented Time Person of the Year Maria Ressa during her libel case against the 16th president, Rodrigo Duterte , as it was her exposés on Duterte's War on Drugs that have sparked worldwide debates on
6815-420: Is essential in providing individuals with access to justice, by allowing the individual legal enforcement of economic, social and cultural rights . His views developed in the second half of the 20th century, when democracies with capitalist economies established liberal welfare states that focused on the individual. States acted as contractors and service providers within a market-based philosophy that emphasised
6960-406: Is found. All defendants facing civil cases also have the right to counsel. The Ministry of Justice operates a Legal Aid Department to assist those eligible for state-funded legal aid in civil cases. Legal aid in civil cases is provided for a variety of fields, and applicants must typically meet the financial eligibility test to receive legal aid. However, in some categories of civil cases, legal aid
7105-668: Is generally provided through private firms of solicitors and barristers in private practice. A limited number of public defenders are directly employed by the Legal Aid Agency in Public Defender Service offices; they provide advice in police stations and advocacy in magistrates and crown courts. Civil legal aid is provided through solicitors and barristers in private practice but also by lawyers working in Law Centres and not-for-profit advice agencies. The provision of legal aid
7250-457: Is generally regarded as a constituent of the right to a fair trial . Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions . Of the 194 constitutions currently in force, 153 have language to this effect. In Australia , suspects and defendants have the right to have legal representation during investigation and trial . Those under investigation in general have
7395-678: Is governed by the Access to Justice Act 1999 and supplementary legislation, most recently the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which came into force in 2013. LASPO triggered an immediate 46% plunge in the number of cases in which legal aid was granted, from 925,000 in 2012 to just 497,000 cases in the following year. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) stopped aid for areas of law that include family, welfare, housing, and debt. There are complaints that cuts to legal aid from LASPO have prevented
SECTION 50
#17328476867977540-604: Is in principle available for all civil actions in the Court of Session and Sheriff Court in Scotland, with the significant exception of actions of defamation . It is also available for some statutory tribunals, such as the Immigration Appeal Adjudicator and the Social Security Commissioners . There is a separate system of criminal legal aid, and legal aid is also available for legal advice. Legal aid
7685-468: Is less than the starting salary for a graduate manager at Aldi. The Law Society believe that this level of pay should be made fairer. Whilst legal aid lawyers are funded by the legal aid agency , it can sometimes take years for payments to come through to them. This is due to cashflow problems with the legal aid agency , something the Law Society is pushing for guidance and clarification from. Legal aid
7830-459: Is mandatory that all defendants charged with a crime carrying a penalty of at least one year in prison have legal counsel, even if they themselves do not wish to have it, and the court will appoint a lawyer to represent a defendant who has not done so. There is no organized public defender system in Germany. The court can appoint any lawyer as counsel to a specific defendant, and a defendant may select
7975-574: Is means-tested. In practice it is available only to less than one-quarter of the population. It is administered by the Scottish Legal Aid Board . Legal Aid in Scotland is also available in Criminal Cases, where more than 90% of Summary applications are granted. An Interests of Justice test is applied, as well as a means test. In Solemn case (Jury Trials) the Court assesses Legal Aid. South Africa
8120-471: Is more than 70 offices. This has caused barristers who offer legal aid to feel their role has been "driven to extinction" due to job losses. For example, in Exeter there are now no legal aid providers for immigration or asylum, with the closest provider being 37.6 miles (60.5 km) away ( Plymouth ) from the city centre. It has been revealed that these providers receive a median net annual income of £27,000, which
8265-425: Is not per se violated by the appointment of standby counsel . There is no constitutional right to self-representation on appeal. The Constitution of Singapore mandates that "Where a person is arrested, he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice." The Supreme Court of Singapore ruled that this means that
8410-524: Is often called in the Philippines, has come a long way since the Marcos dictatorship . During martial law, the father of human rights Sen. Jose W. Diokno was sent to prison when Ferdinand Marcos arrested all political dissidents. Once Diokno was released 718 days later, the attorney and former senator founded the Free Legal Assistance Group , the oldest and largest human rights firm since 1974. It
8555-453: Is provided without an examination of financial eligibility. The Constitution of Japan guarantees the right to legal counsel. If a defendant is a minor or is found to be unable to pay for a lawyer, the court may appoint one at no expense to the defendant. The right to court-appointed counsel only exists after charges are brought. Following arrest a suspect is entitled to one free visit from a duty lawyer who will provide legal advice, explain
8700-513: Is required by law. Legal aid is granted for all grades or stages of the trial, including all further connected incidental and contingent proceedings. It is granted before Tribunals, Courts of Appeal, the Supreme Court, surveillance courts and judges, Regional Administrative Tribunals, Judicial Review Committees, Provincial and Regional Fiscal Commissions and the State Auditors' Court. Legal aid
8845-598: The Congress of Europe in The Hague . At the end of the Congress, a declaration and following pledge to create the convention was issued. The second and third articles of the pledge state: "We desire a Charter of Human Rights guaranteeing liberty of thought, assembly and expression as well as right to form a political opposition. We desire a Court of Justice with adequate sanctions for the implementation of this Charter." The convention
SECTION 60
#17328476867978990-615: The Constitution of the People's Republic of China and Article 11 of the Criminal Procedure Law of 1996, Chinese citizens have the right to legal counsel in court. The accused's right to counsel in China only comes into being once a case goes to trial. It does not exist at the investigative stage. A suspect under investigation only has the right to retain a lawyer to assist in securing bail, making procedural complaints, and seeking details from
9135-547: The Czech Republic , qualifying persons (usually those who evidence inadequacy of funds) can apply to the courts or the Czech Bar Association to have an attorney appointed to them. In Denmark, applicants must satisfy the following criteria to receive legal aid for civil cases: The applicant must not earn more than kr. 289,000 ($ 50,000) a year and the claims of the party must seem reasonable. In respect to criminal cases,
9280-648: The Federal Security Service or Main Investigative Directorate, there is a closed group of attorneys who represent defendants. Before the Prisoners' Counsel Act 1836, felony defendants had the formal right but not any guarantee of being represented by a counsel in English courts although, from the mid-18th century such had been routinely indulged where defendants could afford them. It was thought, at
9425-732: The Legal Aid Department , which is in turn overseen by the Legal Aid Services Council . Administratively the Legal Aid Department was under the Administration Wing of the Chief Secretary's Office . In 2007, it was moved to the Home Affairs Bureau , which chiefly oversees cultural matters and local administration. This was heavily criticized by the opposition pro-democracy camp for jeopardising neutrality of
9570-454: The citizen as consumer . This led to an emphasis on individual enforcement to achieve the realisation of rights for all. Prior to the mid-20th century, literature on legal aid emphasised collective enforcement of economic, social and cultural rights . As classic welfare states were built in the 1940s and following World War II, an underlying principle was that citizens had collective responsibility for economic, social and cultural rights; and
9715-403: The "confrontation clause" of Article 6 (i.e. the right to examine witnesses or have them examined). In this respect, problems of compliance with Article 6 may arise when national laws allow the use in evidence of the testimonies of absent, anonymous and vulnerable witnesses. Article 7 prohibits the retroactive criminalisation of acts and omissions. No person may be punished for an act that was not
9860-494: The "legal needs" of those they have identified as poor, marginalised or discriminated against. According to Francis Regan in 1999, legal aid provision is supply driven, not demand driven, leading to wide gaps between provisions that meet perceived needs and actual demand. Legal service initiatives, such as neighbourhood mediation and legal services, frequently have to close due to lack of demand, while others are overwhelmed with clients. Though legal aid aims to create more equity in
10005-765: The 1791 U.S. Bill of Rights , the 1789 French Declaration of the Rights of Man and of the Citizen , or the first part of the German Basic Law . Statements of principle are, from a juridical point of view, not determinative and require and have given occasion to extensive interpretation by courts to bring out meaning in particular factual situations, As amended by Protocol 11, the convention consists of three parts. The main rights and freedoms are contained in Section I, which consists of Articles 2 to 18. Section II (Articles 19 to 51) sets up
10150-461: The Court held that counsel's failure to inform an alien pleading guilty of the risk of deportation fell below the objective standard of the performance prong of Strickland and permitted an alien who would not have pleaded guilty but for such failure to withdraw his guilty plea. In Faretta v. California (1975), the court held that a criminal defendant has the right to knowingly and voluntarily opt for pro se representation at trial. This right
10295-458: The U.S. Supreme Court has said there is no federal constitutional right to counsel even if the litigant is being jailed, provided that all of the following is true: a) the state is providing sufficient procedural safeguards to ensure the person actually has the ability to pay but is refusing to do so; b) the matter is not "unusually complex"; and c) the plaintiff is neither the government nor represented by counsel. Federal statutory law provides for
10440-577: The United States Constitution provides: In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defence. The assistance of counsel clause includes, as relevant here, five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel , and the right to represent oneself pro se . A defendant does not have
10585-474: The accused is under the age of 18. In October 2010, the Supreme Court of Canada affirmed in the case R v Sinclair that the right to counsel during interrogation is not absolute. It said that importing US-style Miranda rights was not in the interests of Canada. The ruling was a bare majority ruling , with a strenuously voiced minority opinion stating that it would lead to more false confessions and wrongful convictions . According to Article 125 of
10730-494: The accused must be given counsel in a reasonable period of time from the arrest, but not necessarily immediately after the arrest. In criminal cases, the government only provides state-funded legal assistance when the accused faces the death penalty, but it provides legal representation and advice in a variety of civil cases. State-funded legal assistance is provided through the Ministry of Law's Legal Aid Bureau . Most clients must pay
10875-447: The appointment of duty solicitors for those who could not afford to pay for a solicitor . Initially the expectation was that duty solicitors would act on a pro bono basis. In the early 20th century, many European countries had no formal approach to legal aid, and the poor relied on the charity of lawyers. Most countries went on to establish laws that provided for the payment of a moderate fee to duty solicitors. To curb demand, legal aid
11020-425: The article contains an exception for lawful executions , although this exception has largely been superseded by Protocols 6 and 13. Protocol 6 prohibits the imposition of the death penalty in peacetime, while Protocol 13 extends the prohibition to all circumstances. (For more on Protocols 6 and 13, see below ). The second paragraph of Article 2 provides that death resulting from defending oneself or others, arresting
11165-410: The articles in Section I are structured in two paragraphs: the first sets out a basic right or freedom (such as Article 2(1) – the right to life) but the second contains various exclusions, exceptions or limitations on the basic right (such as Article 2(2) – which excepts certain uses of force leading to death). Article 1 simply binds the signatory parties to secure the rights under the other articles of
11310-518: The chair of the Assembly's Committee on Legal and Administrative Questions, was one of its leading members and guided the drafting of the convention, based on an earlier draft produced by the European Movement . As a prosecutor at the Nuremberg Trials , he had seen first-hand of a binding international court. French former minister and French Resistance fighter Pierre-Henri Teitgen submitted
11455-470: The convention "within their jurisdiction". In exceptional cases, "jurisdiction" may not be confined to a contracting state's own national territory; the obligation to secure convention rights then also extends to foreign territories, such as occupied land in which the state exercises effective control. In Loizidou v Turkey , the European Court of Human Rights ruled that jurisdiction of member states to
11600-435: The convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the execution of judgments, particularly to ensure payments awarded by the court appropriately compensate applicants for the damage they have sustained. The convention has sixteen protocols , which amend
11745-406: The convention extended to areas under that state's effective control as a result of military action. Article 2 protects the right of every person to their life. The right to life extends only to human beings, not to animals, nor to "legal persons" such as corporations. In Evans v United Kingdom , the court ruled that the question of whether the right to life extends to a human embryo fell within
11890-458: The convention framework. The convention has had a significant influence on the law in Council of Europe member countries and is widely considered the most effective international treaty for human rights protection. The European Convention on Human Rights has played an important role in the development and awareness of human rights in Europe. The development of a regional system of human rights protections operating across Europe can be seen as
12035-432: The convention have been put forward, for example by former UK Prime Minister Rishi Sunak , and other UK politicians. Conservative politicians have proposed reform or withdrawal from the convention during the 2024 Conservative Party leadership election . The convention is drafted in broad terms, in a similar (albeit more modern) manner to the 1689 Scottish Claim of Right Act 1689 , to the 1689 English Bill of Rights ,
12180-797: The convention itself. Consequently, the convention was principally conceived, at the time of its creation, as an "anti-totalitarian" measure to help stabilise social democracies in Western Europe, rather than as a specific reaction to the legacy of Nazism and the Holocaust. This approach was a continuation of Atlanticist beliefs from World War II and the early Cold War which called for the defence of democracy against all forms of authoritarianism. From 7 to 10 May 1948, politicians including Winston Churchill , François Mitterrand , and Konrad Adenauer , as well as civil society representatives, academics, business leaders, trade unionists, and religious leaders convened
12325-511: The convention was a response to the growth of Stalinism in Central and Eastern Europe and was designed to protect the member states of the Council of Europe from communist subversion. This, in part, explains the constant references to values and principles that are " necessary in a democratic society " throughout the convention, despite the fact that such principles are not in any way defined within
12470-481: The convicted will only have to cover the costs if he or she has a considerable fixed income – this is to prevent recidivism . In civil cases including employment, administrative, constitutional, and social cases, assistance under the Legal Advice Scheme Act (in the form of advice and, where necessary, representation) is given. In criminal cases, the defendant has a right to counsel, and in certain cases when
12615-421: The court and its rules of operation. Section III contains various concluding provisions. Before the entry into force of Protocol 11, Section II (Article 19) set up the commission and the court, Sections III (Articles 20 to 37) and IV (Articles 38 to 59) included the high-level machinery for the operation of, respectively, the commission and the court, and Section V contained various concluding provisions. Many of
12760-570: The court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France . Under the "independent tribunal" requirement, the court has ruled that military judges in Turkish state security courts are incompatible with Article 6. In compliance with this Article, Turkey has now adopted a law abolishing these courts. Another significant set of violations concerns
12905-468: The court found Turkey guilty of torture in 1996 in the case of a detainee who was suspended by his arms while his hands were tied behind his back. Selmouni v. France (2000) the court has appeared to be more open to finding states guilty of torture ruling that since the convention is a "living instrument", treatment which it had previously characterized as inhuman or degrading treatment might in future be regarded as torture. In 2014, after new information
13050-528: The court ruled that the five techniques developed by the United Kingdom ( wall-standing , hooding , subjection to noise , deprivation of sleep , and deprivation of food and drink ), as used against fourteen detainees in Northern Ireland by the United Kingdom were "inhuman and degrading" and breached the European Convention on Human Rights, but did not amount to "torture". In Aksoy v. Turkey (1997)
13195-401: The courts. Historically, legal aid has played a strong role in ensuring respect for economic, social and cultural rights which are engaged in relation to social security, housing, social care, health, and education service provision, which may be provided publicly or privately, as well as employment law and anti-discrimination legislation. Jurists such as Mauro Cappelletti argue that legal aid
13340-408: The criminal act was committed. Article 7 incorporates the legal principle nullum crimen, nulla poena sine lege (no crime, no penalty without law) into the convention. Relevant cases are: Article 8 provides a right to respect for one's "private and family life, his home and his correspondence ", subject to restrictions that are "in accordance with law and is necessary in a democratic society in
13485-505: The criteria for legal assistance. The right to counsel is considered a constitutional right in Ethiopia. As per Article 20(5) of the Constitution of Ethiopia , "Accused persons have the right to be represented by legal counsel of their choice, and, if they do not have sufficient means to pay for it and miscarriage of justice would result, to be provided with legal representation at state expense." Ethiopia has public defender systems at both
13630-420: The defendant's own expense. As such, defendants who could not afford counsel were at a significant disadvantage. Legal aid in England and Wales is provided through the Legal Aid Agency , which provides aid in both civil and criminal cases. Legal aid in civil cases is means-tested, with only those showing they cannot afford the legal costs and the case is serious eligible. In criminal cases, everyone questioned at
13775-525: The detained to choose, and prefer to appoint lawyers with whom they have a comfortable working relationship, so in practice the publicly appointed lawyers will often in fact help the prosecution by not vigorously defending their clients and simply signing the necessary documents and attending the necessary proceedings, and investigators will stop appointing lawyers who inconvenience the prosecution. Defendants may opt for privately retained counsel instead, though some administrative obstacles exist. For cases tried by
13920-602: The disadvantaged from exercising their human rights. He also says that even in areas were legal aid is allowed, the payment to lawyers is so low that many of them stop providing legal aid. The Law Society maintains restrictions to legal aid are preventing defendants getting a fair trial. BBC analysis found up to a million people are in areas without legal aid for housing, and 15 million are in areas with one provider. Liberty maintained ability to get justice had been "significantly undermined". There were roughly 1,000 fewer civil legal aid providers in 2018 since 2011–12, with most of
14065-492: The exception contained in the second paragraph does not constitute situations when it is permitted to kill, but situations where it is permitted to use force which might result in the deprivation of life. Article 3 prohibits torture and "inhuman or degrading treatment or punishment". There are no exceptions or limitations on this right. This provision usually applies, apart from torture, to cases of severe police violence and poor conditions in detention. The court has emphasised
14210-602: The federal and regional levels, however problems exist with public defense services being inadequate in some areas. A public defender can be assigned on request of the defendant or if the court so chooses. In addition to the public defender system, the Ethiopian judicial system also provides for private attorneys to offer pro bono representation to indigent defendants. Article 49 of the Federal Court Advocates’ Code of Conduct mandates that private attorneys must offer
14355-426: The federal or state constitution, and under basic principles of federalism , a state court can grant more rights under its state constitution than the Supreme Court has recognized under the federal constitution. Whether counsel is retained or appointed, the defendant has a right to counsel without a conflict of interest . If an actual conflict of interest is present, and that conflict results in any adverse effect on
14500-484: The field of legal services. It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity. Developmental legal assistance or developmental legal aid, as it
14645-515: The fundamental nature of Article 3 in holding that the prohibition is made in "absolute terms ... irrespective of the victim's conduct". The court has also held that states cannot deport or extradite individuals who might be subjected to torture, inhuman or degrading treatment or punishment, in the recipient state. The first case to examine Article 3 was the Greek case , which set an influential precedent. In Ireland v. United Kingdom (1979–1980)
14790-460: The indigent by public institutions. The law determines the conditions and legal means to remedy miscarriages of justice. Legal aid in Italy is a service to allow everyone to be assisted by a lawyer or by an expert witness free of any legal fees or costs in all criminal, civil, administrative, accounting or fiscal proceeding and "voluntary jurisdiction" and whenever the presence of a lawyer or expert witness
14935-402: The interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others". This article clearly provides a right to be free of unlawful searches, but the court has given the protection for "private and family life" that this article provides
15080-486: The introduction of LASPO, England and Wales were spending £39 per head of the population on legal aid compared with only £8 per head in New Zealand . Experts maintain the burden of cost has just been transferred to the courts, NHS and social care, which in the end costs the state more. Supreme Court justice Lord Wilson of Culworth fears the effectiveness of legal aid is being reduced. Wilson said cuts to legal aid prevent
15225-462: The law and procedures involved, and contact the suspect's family, but the suspect must pay for further assistance from the attorney. Suspects are not entitled to have a lawyer present when interrogated by police. Article 121 of the Peruvian Penal Code states that before the prosecution begins, a judge must inform a defendant of his or her right to counsel, and if the defendant does not choose
15370-418: The legal challenge G.R. No. 252741 against Duterte's Executive Secretary Salvador Medialdea on the grounds and rationality of the law. Among the provisions that is being questioned is Section 29 on detention without judicial warrant of arrest in which a suspect can be arrested even without a warrant of arrest and detained for up to 24 days, which echoed back to the days of martial law under Marcos that allowed
15515-558: The penalty is at least one year of confinement, the defendant can be given counsel even against his or her wishes. Known as Patrocinio a spese dello Stato, legal aid is provided by the Italian Law DPR n. 115/2002 – Articles. 74–141. It is intended to implement Article 24 of the Italian Constitution and ensure access to the right of defense (in civil, administrative and criminal cases) to persons not able to independently obtain
15660-424: The person are taken as a "compound" concept – security of the person has not been subject to separate interpretation by the court. Article 5 provides the right to liberty , subject only to lawful arrest or detention under certain other circumstances, such as arrest on reasonable suspicion of a crime or imprisonment in fulfilment of a sentence. The article also provides those arrested with the right to be informed, in
15805-443: The police on the nature of the crime alleged, and not to start building a defense. A suspect gains the right to retain a lawyer upon having been interrogated or subjected to movement restrictions by the authorities. In cases defined as involving state secrets, the right to counsel is more heavily restricted: a lawyer may only be appointed to assist the suspect with the investigating body's permission. Chinese law allows courts to appoint
15950-431: The poorest people getting justice. Disabled people disputing benefit claims are usually denied legal aid forcing them to deal with complex and distressing cases without help. The numbers disputing when benefits are denied have fallen drastically and it is feared the most vulnerable are losing out. The government's rationale for introducing LASPO was because people who could clearly afford their own legal fees were abusing
16095-488: The potential legal repercussions of Duterte's actions. In 2020, Duterte created a new law called the Anti-Terror Law , which would arrest any dissident due to loose definitions in the law on who might be marked as "terrorists". This has incited protests from the masses as well as from FLAG chairman Atty. Jose Manuel "Chel" Diokno . FLAG, alongside fellow columnists, statesmen, and political detainees responded with issuing
16240-456: The power of welfare providers and professionals. In the 1960s and 1970s, demand rose for the right of individuals to legally enforce economic, social and cultural rights and the welfare provisions they as individuals were entitled to. Mechanisms emerged through which citizens could legally enforce their economic, social, and cultural rights, and welfare lawyers used legal aid to advise those on low income when dealing with state officials. Legal aid
16385-465: The problems of people needing legal aid. Nimrod Ben-Cnaan of the Law Centres Network, maintained the legal aid market was, "failing" since cuts, "shattered local ecologies of advice," and that it is vital law centres are rebuilt. Malcolm Richardson , retired magistrate said legal advisers must increasingly guide litigant in person through court proceedings. He said, "It puts all the judiciary in
16530-454: The process of reforming and restructuring their legal systems . While many critical justice sector reforms have been undertaken throughout the region, the mechanisms to ensure individuals' access to legal information and assistance often remain inadequate and ineffective. Consequently, many people—especially those who are poor or otherwise disadvantaged—are left without any real access to legal counsel in both criminal and non-criminal matters. In
16675-623: The proliferation of developmental legal aid in the first place. Article 47 of the Charter of Fundamental Rights of the European Union provides that legal aid will be made available to those who lack sufficient resources, in so far as such aid is necessary to ensure effective access to justice. According to PILnet: the Global Network for Public Interest Law, for over a decade, the countries of Central and Eastern Europe and Russia have been in
16820-513: The protection of rights. The convention was opened for signature on 4 November 1950 in Rome. It was ratified and entered into force on 3 September 1953. It is overseen and enforced by the European Court of Human Rights in Strasbourg, and the Council of Europe . Until procedural reforms in the late 1990s, the convention was also overseen by a European Commission on Human Rights . Proposals for reform of
16965-599: The providers being based in London. Richard Miller of the Law society said it can be very difficult to find legal aid providers willing to take on a case. Lord Dyson said this has led to vulnerable people representing themselves in court, with many defendants paying towards their defence (sometimes nearly as expensive as paying for a private lawyer). Furthermore, Ben Tovey says he has to turn away people from legal aid every day. Law centres have also closed due to funding cuts adding to
17110-521: The provision of legal advice. However, the indigenous justice system in South Africa does not require representation, thus essentially eliminating the need for accessible legal aid. Mimicking the British legal system, South Africa has barristers, which work in the senior courts, and solicitors, which provide out-of-court advice and work in the lower courts. In 1969 the government of South Africa recognized
17255-722: The provision of legal aid. They voted en bloc against the whole package of reorganisation of policy bureaus , of which the transfer of the Legal Aid Department was part. Article 39A of the Constitution of India , provides for equal justice and free legal aid: The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This Article emphasises that free legal service
17400-528: The representation, the result is automatic reversal. The general rule is that conflicts can be knowingly and intelligently waived, but some conflicts are unwaivable. In Strickland v. Washington (1984), the Court held that, on collateral review, a defendant may obtain relief if the defendant demonstrates both To satisfy the prejudice prong of Strickland , a defendant who pleads guilty must show that, but for counsel's deficient performance, they would not have pleaded guilty. In Padilla v. Kentucky (2010),
17545-496: The right to freedom of expression , subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". This right includes the freedom to hold opinions, and to receive and impart information and ideas, but allows restrictions for: Relevant cases are: Article 11 protects the right to freedom of assembly and association, including the right to form trade unions , subject to certain restrictions that are "in accordance with law" and "necessary in
17690-445: The right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence , and other minimum rights for those charged with a criminal offence (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). The majority of convention violations that
17835-449: The right to appointed counsel at the government's expense. While the Supreme Court recognized this right gradually, it currently applies in all federal and state criminal proceedings where the defendant faces authorized imprisonment greater than one year (a " felony ") or where the defendant is actually imprisoned, including imposition of a suspended incarceration sentence of any length. Criminal defendants in misdemeanor cases do not have
17980-578: The right to counsel and provide legal aid primarily in relation to criminal proceedings. In response to rapid industrialisation in the late 19th-century Europe, trade union and workers' parties emerged that challenged the social policies of governments. They gained passage of laws to provide workers with legal rights in the event of illness or accidents, in an attempt to prevent industrial action by industrial workers. Workers unions in turn started to provide workers with legal advice on their new economic, social and cultural rights . Demand for these services
18125-474: The right to counsel is guaranteed under Section Ten of the Canadian Charter of Rights and Freedoms upon "arrest and detention ", as well as the right to habeas corpus . Police must inform those arrested or detained of their right to speak to counsel and provide them with a reasonable opportunity to do so. However, this does not include an absolute right to have a lawyer present during interrogation unless
18270-447: The right to have an attorney present during questioning, but there are exceptions to this right. Australian law does not recognize a right to publicly-funded legal defense, but does recognize that in the absence of counsel the accused may not receive a fair trial as mandated by law. Only the states of New South Wales and Victoria have dedicated public defender systems. Courts have the power to stay proceedings when they determine there
18415-476: The services of a lawyer due to the inability to pay for them from their income (less than €10,776.33 per capita). The Constitution of the Italian Republic , Clause 24 states: Everyone is allowed to take legal action for the protection of her/his rights and legitimate interests. Defence is an inviolable right at any grade of the proceedings. The means of action and defence before all Courts are guaranteed to
18560-544: The sphere of legal practices, according to a 1985 article, aid offered is often limited in its quality or its social impact by economic constraints that dictate who can access these services and where the aforementioned services are geographically located. Most developmental legal aid services are provided by grassroots organizations, human rights-based non-governmental organizations (NGOs), or are stipulated by constitutional laws by some Asian governments. A unitary jurisdiction, Hong Kong provides legal aid solely provided through
18705-411: The state assumed responsibility for those unable to provide for themselves through illness and unemployment. The enforcement of economic, social and cultural rights was to be collective, through policies rather than individual legal action. Laws were enacted to support welfare provisions, though these were regarded as laws for planners, not lawyers. Legal aid schemes were established, as it was assumed that
18850-410: The state had a responsibility to assist those engaged in legal disputes, but they initially focused primarily on family law and divorce. In the 1950s and 1960s, the role of the welfare state changed, and social goals were no longer assumed to be common goals. Individuals were free to pursue their own goals. The welfare state in this time expanded, along with legal aid provisions, as concerns emerged over
18995-404: The state, while higher-income individuals are entitled to have only 55% or 25% of their legal costs covered, depending on their income. State-funded legal advice is provided through a network of public legal advice centers throughout France. Some centers offer free legal advice to anyone living in the department while others restrict their services to those with modest incomes. In Germany , it
19140-488: The suspect. The head of the bar association then distributes appointments between its members, who do not have the right to refuse the case assignments. The attorney must ask the family of the suspect if they have appointed anyone else, and if not the investigator or judge gives them power of attorney. However, the public defender system has been heavily criticized by Russian lawyers for the way it works in practice. Investigators often appoint lawyers themselves without waiting for
19285-449: The system, and cases which could clearly be settled with alternative dispute resolution were unnecessarily being taken to court. This can be seen in the government's response to legal aid reforms in 2011, where Kenneth Clarke , Lord Chancellor and Secretary of State for Justice , said funding was being provided for "unnecessary litigation", something which he viewed as "unaffordable" and "spiralling legal costs". He also noted that before
19430-420: The then newly formed Council of Europe , the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under
19575-565: The time, that the presence of defence counsel would serve no purpose in criminal proceedings, where what matters is deciding fact: the defendant should simply tell the truth to the court, without the interference of some counsel. William Hawkins in his A Treatise of the Pleas of the Crown: or a system of the principal matters, relating to that subject, digested under their proper heads Vol. II. of 1721 wrote........ [I]t requires no manner of Skill to make
19720-465: The wider right to legal protection. All criminal defendants and suspects in Russia have the right to legal assistance. A suspect has the right to a lawyer from the time they are declared a suspect in a criminal case. The Russian Code of Criminal Procedure mandates that if a detained person has no lawyer, the detective , investigator, or judge must request the local bar association to appoint an attorney for
19865-443: Was designed to incorporate a traditional civil liberties approach to securing "effective political democracy", from the strongest traditions in the United Kingdom, France and other member states of the fledgling Council of Europe, as said by Guido Raimondi , President of the European Court of Human Rights : The European system of protection of human rights with its Court would be inconceivable untied from democracy. In fact, we have
20010-404: Was drafted by the Council of Europe after the Second World War and Hague Congress. Over 100 parliamentarians from the twelve member states of the Council of Europe gathered in Strasbourg in the summer of 1949 for the first-ever meeting of the council's Consultative Assembly to draft a "charter of human rights" and to establish a court to enforce it. British MP and lawyer Sir David Maxwell-Fyfe ,
20155-480: Was extended from family law to a wide range of economic, social, and cultural rights. In the 1980s, the role of the classic welfare state was no longer regarded as necessarily positive, and welfare was increasingly provided by private entities. Legal aid was increasingly provided through private providers, but they remained focused on providing assistance in court cases. Citizens were increasingly regarded as consumers, who should be able to choose among services. Where it
20300-431: Was high and in an attempt to provide workers with non-partisan advice, many governments started to provide legal aid by the early 20th century. In the 20th century, legal aid developed together with progressive principles; it has often been supported by those members of the legal profession who felt that it was their responsibility to care for those on low income. Legal aid became driven by what lawyers could offer to meet
20445-498: Was not possible to provide such a choice, citizens were given the right to voice their dissatisfaction through administrative complaints processes. This resulted in tension, as legal aid was not designed to offer advice to those seeking redress through administrative complaints processes. Tensions also began to emerge as states which emphasised individual enforcement of economic, social, and cultural rights, rather than collective enforcement through policies, reduced funding for legal aid as
20590-471: Was originally established by the Legal Aid and Advice Act 1949 . In 2009, legal aid in England and Wales cost the taxpayer £2bn a year – a higher per capita spend than anywhere else in the world – and was available to around 29% of adults. However, availability and level of provision of legal aid have greatly decreased since 2012 as a result of austerity measures in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 . Legal aid in England and Wales
20735-421: Was restricted to lawyer costs in judicial proceedings requiring a lawyer. Countries with a civil law legal system and common law legal systems take different approaches to the right to counsel in civil and criminal proceedings. Civil law countries are more likely to emphasise the right to counsel in civil proceedings, and therefore provide legal aid where a lawyer is required. Common law countries emphasise
20880-445: Was through FLAG's innovative use of developmental legal aid, which included pro-bono legal service as well as free allowances to clients who were financially incapacitated, that free legal service became standard practice in the country. Later on, laws were introduced that would require newly licensed barristers to give free legal service to the poor for a stipulated and fixed duration of time. The most famous law on developmental legal aid
21025-582: Was uncovered that showed the decision to use the five techniques in Northern Ireland in 1971–1972 had been taken by British ministers, the Irish Government asked the European Court of Human Rights to review its judgement. In 2018, by six votes to one, the court declined. Article 4 prohibits slavery , servitude and forced labour but exempts labour: Article 5 provides that everyone has the right to liberty and security of person. Liberty and security of
#796203