United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
A/RES/67/187
59. To ensure the effective implementation of nationwide legal aid schemes, States
should consider establishing a legal aid body or authority to provide, administer,
coordinate and monitor legal aid services. Such a body should:
(a) Be free from undue political or judicial interference, be independent of
the Government in decision-making related to legal aid and not be subject to the
direction, control or financial intimidation of any person or authority in the
performance of its functions, regardless of its administrative structure;
(b) Have the necessary powers to provide legal aid, including but not limited
to the appointment of personnel; the designation of legal aid services to individuals;
the setting of criteria and accreditation of legal aid providers, including training
requirements; the oversight of legal aid providers and the establishment of
independent bodies to handle complaints against them; the assessment of legal aid
needs nationwide; and the power to develop its own budget;
(c) Develop, in consultation with key justice sector stakeholders and civil
society organizations, a long-term strategy guiding the evolution and sustainability
of legal aid;
(d)
Report periodically to the responsible authority.
Guideline 12
Funding the nationwide legal aid system
60. Recognizing that the benefits of legal aid services include financial benefits
and cost savings throughout the criminal justice process, States should, where
appropriate, make adequate and specific budget provisions for legal aid services that
are commensurate with their needs, including by providing dedicated and
sustainable funding mechanisms for the national legal aid system.
61.
To this end, States could take measures:
(a) To establish a legal aid fund to finance legal aid schemes, including
public defender schemes, to support legal aid provision by legal or bar associations;
to support university law clinics; and to sponsor non-governmental organizations
and other organizations, including paralegal organizations, in providing legal aid
services throughout the country, especially in rural and economically and socially
disadvantaged areas;
(b)
To identify fiscal mechanisms for channelling funds to legal aid, such as:
(i) Allocating a percentage of the State’s criminal justice budget to legal aid
services that are commensurate with the needs of effective legal aid provision;
(ii) Using funds recovered from criminal activities through seizures or fines
to cover legal aid for victims;
(c) To identify and put in place incentives for lawyers to work in rural areas
and economically and socially disadvantaged areas (e.g., tax exemptions or
reductions, student loan payment reductions);
(d) To ensure fair and proportional distribution of funds between prosecution
and legal aid agencies.
62. The budget for legal aid should cover the full range of services to be provided
to persons detained, arrested or imprisoned, suspected or accused of, or charged
with a criminal offence, and to victims. Adequate special funding should be
17/20