Evolution of Legal Aid Regime in Seychelles

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Celebrating 120 years of the Supreme Court's role in the growth of the legal profession in Seychelles, this symposium highlighted the importance of legal aid, as mandated under the Constitutional Premise Article 19(2). Enacted in 1986, the Legal Aid Act and Rules provide aid based on disposable capital and income eligibility criteria. Additional provisions under the Seychelles Code of Civil Procedure allow paupers to sue or defend in court. The act ensures legal representation for individuals charged with offenses in criminal proceedings.

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120 Years of the Supreme Court Celebration Supreme Court s Role in the Growth of the Legal Profession Focus on the Legal Aid Regime Symposium Palaise de Justice, 20thJune 2019

Constitutional Premise Article 19(2) of the Constitution: Every person who is charged with an offence (d) has a right to be defended before the court in person, or, at the person s own expense by a legal practitioner of the person s own choice, or, where a law so provides, by a legal practitioner provided at public expense.

Legal Aid Act & Legal Aid Rules Enacted in 1986, before the 1993 Constitution Legal Aid available to anyone charged with a Criminal Offence Available to any Civil Proceedings except for defamation and breach of promise of marriage proposal (rule 2 Legal Aid Rules)

General Criteria for Eligibility Eligibility for Legal Aid is based on the Disposible Capital and Disposible Income of the Applicant. The assets and income of an Applicant s spouse may also be taken into consideration (rule 5 Legal Aid Rules)

Additional Provisions Under the Seychelles Code of Civil Procedure Section 208: Any person may on application to the court be admitted to sue or defend as a pauper, but no person shall be so admitted unless he satisfies the court - (a) that he is not worth three hundred rupees, his wearing apparel and the subject matter of the suit or other proceeding before the court excepted; and (b) that he has reasonable grounds for suing or of defence. Section 216: It shall be the duty of the attorney assigned to the person admitted to sue or defend as a pauper, to take care that no proceeding is served or petition presented without good cause. Section 217: No attorney or usher shall be bound in any civil suit brought by or against paupers to make any disbursement of his own moneys.

Legal Aid in Criminal Proeedings Section 6 Legal Aid Act: (1) Subject to this Act, legal aid shall be available to any person charged with an offence and shall relate to proceedings in any court in the exercise of original or appellate jurisdiction in criminal matters in respect of that offence. (2) For the purposes of subsection (1), legal aid shall consist of representation by a legal practitioner in the preparation and conduct of the defence in respect of the offence and, in relation to proceedings by way of appeal, in the preparation and conduct of the appeal.

Legal Aid in Civil Proceedings Section 3 of the Legal Aid Act: (1) Subject to this Act, legal aid shall be available to any person- (a) in any civil proceeding, not being a civil proceeding exempted by rules made under this Act; and (b) in taking any steps to assert or dispute a claim which may give rise to a civil proceeding for which legal aid shall be available under paragraph (a) but where the question of instituting, defending or being a party to such civil proceeding has not yet arisen. (2) Legal Aid shall consist of - (a) in relation to subsection (1)(a), representation by legal practitioner including such assistance as is usually given by a legal practitioner in the steps preliminary or incidental to a civil proceeding or in arriving or giving effect to a settlement to bring an end to such proceeding; (b) in relation to subsection (1)(b), the assistance of the legal practitioner in advising on the steps necessary to assert or dispute the claim.

In Practice Introduced in 2014: One Off Fees for Particular Pieces of Legal Aid Work e.g. SR 750 for advice and drafting (preliminary) in Civil Legal Aid; SR 5,000 for a Supreme Court Civil Proceeding; SR 5,000 for a Criminal Case before the Magistrates Court. Legal Aid Work mandatory for all Attorneys-at-Law, assigned to individual Attorneys instead of to a firm. Criminal Fees a balancing act. Guilty Pleas can balance prolonged criminal proceedings that go to trial. Attorneys operating at a loss re Civil Fees as no balancing act. Litigants inevitably go for protracted hearings. Applicants who do not appear to meet criteria qualifying for legal aid.

Recommendations Greater scrutiny on who is eligible for legal aid, especially in Civil matters. Can allow for Legal Aid simply to ascertain viability of proceedings. Separate advice from advice and drafting . Public or Social criteria for civil legal aid. Public funds being utilized for private disputes with no public significance. Savings can be used to increase legal aid fees in general. Increase Legal Aid fees can encourage growth in the private sector. Allow Attorneys in firms to allocate cases within for better management of human resources. This can encourage sole practitioners to hire Attorneys. Solutions for typical cases e.g. forms that litigants can fill out for divorce petitions. Legal Aid Rules can be amended by the Chief Justice under Rule 11.