United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
A/RES/67/187
Guideline 4
Legal aid at the pretrial stage
44. To ensure that detained persons have prompt access to legal aid in conformity
with the law, States should take measures:
(a) To ensure that police and judicial authorities do not arbitrarily restrict the
right or access to legal aid for persons detained, arrested, suspected or accused of, or
charged with a criminal offence, in particular in police stations;
(b) To facilitate access for legal aid providers assigned to provide assistance
to detained persons in police stations and other places of detention for the purpose
of providing that assistance;
(c)
To ensure legal representation at all pretrial proceedings and hearings;
(d) To monitor and enforce custody time limits in police holding cells or other
detention centres, for example, by instructing judicial authorities to screen the remand
caseload in detention centres on a regular basis to make sure that people are remanded
lawfully, that their cases are dealt with in a timely manner and that the conditions in
which they are held meet the relevant legal standards, including international ones;
(e) To provide every person, on admission to a place of detention, with
information on his or her rights in law, the rules of the place of detention and the
initial stages of the pretrial process. Such information should be provided in a
manner that corresponds to the needs of illiterate persons, minorities, persons with
disabilities and children and be in a language that the person in need of legal aid
understands. Information provided to children should be provided in a manner
appropriate for their age and maturity. The information material should be supported
by visual aids prominently located in each detention centre;
(f) To request bar or legal associations and other partnership institutions to
establish a roster of lawyers and paralegals to support a comprehensive legal system
for persons detained, arrested, suspected or accused of, or charged with a criminal
offence, in particular at police stations;
(g) To ensure that every person charged with a criminal offence has adequate
time, facilities and technical and financial support, in case he or she does not have
sufficient means, to prepare his or her defence and is able to consult with his or her
lawyer in full confidentiality.
Guideline 5
Legal aid during court proceedings
45. To guarantee that every person charged with a criminal offence for which a
term of imprisonment or capital punishment may be imposed by a court of law has
access to legal aid in all proceedings at court, including on appeal and other related
proceedings, States should introduce measures:
(a) To ensure that the accused understands the case against him or her and
the possible consequences of the trial;
(b) To ensure that every person charged with a criminal offence has adequate
time, facilities and technical and financial support, in case he or she does not have
sufficient means, to prepare his or her defence and is able to consult with his or her
lawyer in full confidentiality;
(c) To provide representation in any court proceedings by a lawyer of choice,
where appropriate, or by a competent lawyer assigned by the court or other legal aid
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