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Showing posts with label Trinidad and Tobago Legal Aid. Show all posts
Showing posts with label Trinidad and Tobago Legal Aid. Show all posts

Thursday, 27 June 2013

Update: Legal Aid and Advisory Authority

I previously posted some information on Legal Aid and Advice in Trinidad and Tobago, but more than a year later, there has been updates, with a much better website:
http://www.moj.gov.tt/content/legal-aid-and-advisory-authority


Legal Aid, advice and representation in Court are provided by Legal Officers and Attorneys- at-Law in private practice who have registered to be the panel of attorneys attached to the Authority. Legal Aid and advice may be attained in matters such as:

Criminal Law -
  •  Indictable offences- offences which may be tried by a Judge and a Jury;
  •  Summary offences- usually criminal matters before the Magistrate's court;
  •  All offences in a court of Summary Jurisdiction which involves a child or young person;
  •  Proceedings before a Coroner's Court i.e. inquests touching the death of a person.

Civil Law -
  •  Divorce
  •  Custody
  •  Access
  •  Maintenance
  •  Guardianship
  •  Domestic Violence
  •  Possession/ Eviction/ Ejectment Proceedings (Including Matters between Landlords and Tenants in residential agreements)
  •  Petty Civil Court Matters
  •  High Court proceedings
  •  Grants of Probate and Letters of Administration where the value of the Estate does not exceed one hundred thousand dollars ($100,000).

Legal aid is not provided for ‘defamation election petitions’ and ‘traffic matters’.


Eligibility for Legal Aid

An applicant's eligibility for Legal Aid is dependent on a number of factors. To be approved for Legal Aid in Civil High Court matters the Authority must be satisfied that:
  •  The applicant has reasonable grounds for taking, defending, continuing or being a party to any proceedings;
  •  The applicant does not possess nor is entitled to disposable capital that exceeds a maximum value of $5000.00*;
  •  The applicant's disposable income does not exceed $7000.00* annually after certain deductions are taken out.

    *These criteria are being increased presently with the passage of the Legal Aid and Advice (Amendment) Bill 2012.
In criminal matters, approval for Legal Aid is dependent on the discretion of the Judge or Magistrate before whom the matter is being heard.

Payment for Services

Legal Officers are available at various locations throughout Trinidad and Tobago. In cases where an attorney appears on behalf of, or represents the applicant in a legal matter, the applicant is not required to pay the Attorney. However depending on an applicant's means particularly in civil High Court matters, the Legal Aid and Advisory Authority may request from the applicant a small contribution that is paid directly to the Authority. In such cases, an official receipt is issued for the amount paid.

Friday, 4 June 2010

Legal Aid and Advice

Q: Even a simple consultation with a Lawyer is expensive. Are there any alternatives?



A: Part 1

The Legal Aid and Advisory Authority is a unit of the Ministry of Legal Affairs established under the Legal Aid and Advice Act, 1976, to provide legal advice and representation for citizens who may not be able to afford the services of an Attorney, for an application fee of TT$10.

Eligibility
-Salary maximum of TT$3000 per month
-Reasonable grounds for taking, defending, continuing or being a party to any proceedings.
-In Criminal High Court and Magistrates’ Court matters, the decision is up to the Judge reviewing the application, but legal aid is usually granted in the interest of justice.


Legal Matters
The Authority can provide an Attorney for almost all legal matters.

Other costs
Section 24(2) also provides that the applicant may be requested to make a small contribution towards the cost of his matter in Civil High Court matters.

Application Procedure
To apply for legal aid, you must visit one of the legal aid offices, and:
•Fill out a form providing basic information about yourself and the nature of the problem.
•You will then be interviewed by the Legal Officer to determine your eligibility for Legal Aid.
•If you are not eligible you will be given legal advice and referred to a private attorney.
•If eligible, an application form will be given to you. This form is an affidavit and requires that you go before the Justice of the Peace or a Commissioner of Affidavits to swear to the information you provide is true and correct.
•In the case of civil actions, the application form must be returned together with requested documents to the office from where it was obtained. You will be interviewed by an investigator who will prepare a report on your matter.
•This report will be considered by the Authority at its monthly meeting and you will be informed in writing whether or not Legal Aid has been granted.
•If the matter is in the Magistrates Court or Criminal High Court, the application forms are sent to the relevant Courts where the request for Legal Aid is considered by a Magistrate or Judge.
You must sign that your application is true. It is an offence to obtain legal aid with false information.

Nine offices around the country

Head Office
Port of Spain
• Corner Oxford and Edward Street, Port of Spain
Tel: 625-0454
Legal advice: Monday to Friday
8:00am - 4:00pm

San Fernando
• 102-104 Coffee Street, Howard Lane, San Fernando
Tel: 652-2978 or 657-0684
Legal advice: Monday to Friday
8:00am - 4:00pm

Sangre Grande
• Social Welfare Office,
Cor. Savi St and Boodooville Circular Rd, Sangre Grande
Tel: 668-3366
Legal Advice: Mondays
8:00-12:00 noon

Arima
• Registrar General's Office
Pro Queen Street (Upstairs Willies Ice Cream), Arima
Tel: 667-1700
Legal Advice: Wednesdays
8:00-12:00 noon

Couva
• Family Services Centre, Camden Road, Couva
Tel: 636-5267
Legal Advice: Thursdays
8:00 am -12:00 noon

Debe/Penal
• Debe/Penal Regional Corporation,
Dookie Street, Penal
Tel: 647-6302
Legal Advise: Fridays
8:00 am - 12:00 noon

Siparia
• Siparia Regional Corporation
High Street, Siparia
Tel: 649-2348
Legal Advice: Tuesdays
8:00am - 12:00 noon

Chaguanas
• Chaguanas Borough Corporation
Rate Paying Office
24 Ramsaran Street, Chaguanas
Tel: 671-0577 / 665-9640
Legal Advise: Tuesdays
8:00am - 12:00 noon

Tobago
• Fairfield Complex Scarborough Tobago
Tel: 639-6531
Legal Advice: Monday - Friday
8:00am - 4:00pm