United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
A/RES/67/187
Guideline 7
Legal aid for victims
48. Without prejudice to or inconsistency with the rights of the accused and
consistent with the relevant national legislation, States should take adequate measures,
where appropriate, to ensure that:
(a) Appropriate advice, assistance, care, facilities and support are provided to
victims of crime, throughout the criminal justice process, in a manner that prevents
repeat victimization and secondary victimization; 16
(b) Child victims receive legal assistance as required, in line with the
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime; 17
(c) Victims receive legal advice on any aspect of their involvement in the
criminal justice process, including the possibility of taking civil action or making a
claim for compensation in separate legal proceedings, whichever is consistent with
the relevant national legislation;
(d) Victims are promptly informed by the police and other front-line
responders (i.e., health, social and child welfare providers) of their right to information
and their entitlement to legal aid, assistance and protection and of how to access
such rights;
(e) The views and concerns of victims are presented and considered at
appropriate stages of the criminal justice process where their personal interests are
affected or where the interests of justice so require;
(f) Victim services agencies and non-governmental organizations can provide
legal aid to victims;
(g) Mechanisms and procedures are established to ensure close cooperation
and appropriate referral systems between legal aid providers and other professionals
(i.e., health, social and child welfare providers) to obtain a comprehensive
understanding of the victim, as well as an assessment of his or her legal,
psychological, social, emotional, physical and cognitive situation and needs.
Guideline 8
Legal aid for witnesses
49.
States should take adequate measures, where appropriate, to ensure that:
(a) Witnesses are promptly informed by the relevant authority of their right to
information, their entitlement to assistance and protection and how to access such rights;
(b) Appropriate advice, assistance, care facilities and support are provided to
witnesses of crime throughout the criminal justice process;
(c) Child witnesses receive legal assistance as required, in line with the
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime;
(d) All statements or testimony given by the witness at all stages of the
criminal justice process are accurately interpreted and translated.
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16
“Repeat victimization” and “secondary victimization” are understood as defined in paragraphs 1.2 and
1.3 of the appendix to Recommendation Rec(2006)8 of the Committee of Ministers of the Council of
Europe to member States on assistance to crime victims.
17
Economic and Social Council resolution 2005/20, annex.
13/20