Transcript Legal Aid in Brunei Darussalam

Legal Aid in Brunei
Darussalam
Background on Brunei Darussalam
 Malay
 Dual
Islamic Monarchy
Legal System
-
Civil law: English Common law
-
Syariah Law: Criminal & Civil (phase 1 of 3)
 Economy:
Oil and Gas
Responsible Agencies for Legal Aid

State Judiciary Department, Prime Minister’s Office
-
Criminal Capital Cases only

Non-Governmental Organisations

- Law Society of Brunei Darussalam
- Established pursuant to the Legal Profession (Law Society of Brunei Darussalam)
Order of 2003

Brunei Council on Social Welfare (MKM)
- Registered under the Registrar of Societies on 2nd December 2009
State Judiciary Department

Circular No. 10 of 1997
-
Practice Direction on Legal Aid in Capital Cases
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- Eg. Murder , Drug Trafficking, Possession of Firearms

No Legislation to provide compulsory legal representation

Regardless of citizenship status
Eg. Nigerian drug mule caught with 4kg of methyamphetamine facing death
penalty
State Judiciary Department

Availability
- Trial and Appeal Stages
- not available during Investigation, Charge, Preliminary Inquiry

Eligibility
- No Specific means test, as long as facing capital punishment
- Appointment
- Counsel appointed from a law firm on rotational basis
- Of at least 5 years practice experience
- Appointment continues even if charge reduced to a non-capital
case
State Judiciary Department

Remuneration
- Circular No. 3 of 2001
- Average of regular rates charged by lawyers in non-legal aid cases
- According to fixed tariffs
Eg. Appearance for a trial day fixed at B$700
- No cap on amount liable to be claimed
- Refund on outlays reasonably incurred
Eg. Fees payable to Expert Witnesses
Law Society of Brunei Darussalam

Members
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Less than 120 Advocates and Solicitors in private legal practice in
2016
-
34 law firms in Brunei Darussalam

Legal Clinic
- Launched in 2012
- Consultation on Civil, Criminal and Syariah matters
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Rotational Basis by different law firms
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Free Legal advise to those earning less than B$750 in monthly income
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Pro Bono representation for criminal matters not available
Brunei Council on Social Welfare
(MKM)

Objectives
- To complement and supplement governmental efforts on social
welfare on legal area
- To Coordinate efforts across various NGOs

Aim
- To address the social issues of the following five core vulnerable
groups namely:
- Children (eg. Child custody)
- Persons with disabilities
- Elderly
- Poor and needy- Family Units (eg. Divorce, Spousal Support, child
support)
Brunei Council on Social Welfare
(MKM)

Legal Advice and Advisory Clinic
-
Launched on 8 march 2013
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Objectives: Provision/ Protection/ Education

In Partnership with volunteer law firms
- Yusof Halim & Partners
- Ihrahim Al-Haj & Company
- Al Wadi Company

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Services:
Weekly Free Legal Advice
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Legal Services for deserving cases (on a Pro Bono sor subsidized basis)
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Free General Advice
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Venue: At Yusof Halim & Partners Law firm
Brunei Council on Social Welfare
(MKM) Free Legal Advice

Two free consultations and legal advice per client

Brief legal opinion to MKM on the merit of client’s case to
commence legal proceedings

Free Legal Advise Areas: mainly on Syariah
- Domestic Violence
- Divorce, Custody and Maintenance
- Property Disputes
- Sexual Offences
- Migrant Worker Issues eg. Unpaid Wages , Contract claims
Brunei Council on Social Welfare
(MKM) Free Legal Advice

Eligibility

For Free Advisory Services:
 Resident

of Brunei Darussalam
For Free Legal Consultation and Advice
 Resident
of Brunei Darussalam; and
 Total
family income divided by the members of the family
not more than B$400.00

For Subsidized or Pro Bono Legal Services
 Case
 Merits
by Case basis on level of representation
of the case based on legal opinion
Brunei Council on Social Welfare
(MKM) Best Practices

Means Testing (B$400 per capita)

Link between Social Welfare and Legal Aid

Numbers of cases received: 37 cases in 2013 vs 70 cases in 2015
Achievements & Challenges

Serving the underprivileged



Achievement: One-Stop Service
Volunteers

Challenge: Lawyers/ Law firm volunteering pro bono work

Challenge: Giving legal advice v Legal representation
Capacity-Building

Challenge: Training on Legal Aid for volunteers
The End
Any Questions?
Feel Free To Email To [email protected]