Early Access To Legal Aid In Criminal Processes

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Early access to legal aidin criminal justice processes:a handbook for policymakersand practitionersCRIMINAL JUSTICE HANDBOOK SERIES

This handbook was developed in consultation with the Open Society Justice Initiative.Cover images: Left and right: Photodisc.com

UNITED NATIONS OFFICE ON DRUGS AND CRIMEViennaEarly access to legal aid in criminaljustice processes: a handbook for policymakers and practitionersCRIMINAL JUSTICE HANDBOOK SERIESUNITED NATIONSNew York, 2014

United Nations, February 2014. All rights reserved, worldwide.The designations employed and the presentation of material in this publication donot imply the expression of any opinion whatsoever on the part of the Secretariatof the United Nations concerning the legal status of any country, territory, city orarea, or of its authorities, or concerning the delimitation of its frontiers orboundaries.Information on uniform resource locators and links to Internet sites contained inthe present publication are provided for the convenience of the reader and are correctat the time of issue. The United Nations takes no responsibility for the continuedaccuracy of that information or for the content of any external website.This publication has not been formally edited.Publishing production: English, Publishing and Library Section, United NationsOffice at Vienna.

PrefaceThis Handbook is intended as a practical guide to developing and implementing policiesand programmes to ensure early access to legal aid, including by implementing theinternational standards set by the United Nations Principles and Guidelines on Accessto Legal Aid in Criminal Justice Systems. It is designed to address some of the challenges that practitioners face in ensuring such access to legal aid, including by: Explaining the provisions of the United Nations Principles and Guidelinesrelating to early access to legal aid Systematically exploring the challenges and obstacles to effective provision ofearly access to legal aid Providing policymakers, civil servants and practitioners (lawyers, judges, prosecutors, police officers, detention officers, civil society actors and others) withtools for capacity development to assist them in overcoming such challengesand obstacles Suggesting some practical and innovative solutions, using examples from different jurisdictions Providing training resources for legal aid providers and the police (or otherinvestigative agencies).Chapter I, on early access to legal aid, sets out a rationale for why the provision ofearly access to legal aid contributes to a fair, humane and efficient criminal justicesystem, as well as how it contributes to human development. Following a briefassessment of the current state of affairs globally in terms of early access to legalaid, the chapter surveys relevant international norms and standards as they relate tothis area, and includes a section on definition of key terms.Chapter II, on the benefits and challenges of relating to early access to legal aid,uses examples from a range of countries to explore the benefits to both suspects andaccused persons, and to the wider community, of providing such early access. It thenassesses the major challenges and barriers to providing early access to legal aidthrough case studies to illustrate how such schemes work in practice.Chapter III, on the essential legal framework of the right to early access, examinesthe legislative and regulatory requirements for the effective establishment and implementation of early access to legal aid.Chapter IV, on organization and delivery of early access to legal aid, reviews twodiscrete elements of schemes for providing early access: the institutional arrangementsfor organizing, funding and operating such schemes, and examines the mechanismsby which early access may be delivered and the various models for delivering legalservices to those suspected or accused of crime. The chapter also deals with theimportant issue of ensuring quality of service.Chapter V, on the roles and responsibilities of legal aid providers, includes a detailedaccount of the duties and functions of lawyers, paralegals and other legal aid actorsin providing legal aid at the early stages of the criminal justice process.iii

Chapter VI, on the roles and responsibilities of the police, prosecutors and judges,recognizes the key part played by such officials in ensuring effective early access tolegal aid and examines their roles and responsibilities in ensuring that this right isrespected in practice.Chapter VII, on developing strategies for providing early access to legal aid, offers aguide to formulating strategies for implementing early access provisions based on theUnited Nations Principles and Guidelines.The annexes include sample training curricula for legal aid providers and the police(and other investigative agencies), along with other materials that can be useful forestablishing effective schemes for providing early access to legal aid.iv

AcknowledgementsThe present Handbook was developed jointly by the United Nations Office on Drugsand Crime (UNODC) and the United Nations Development Programme (UNDP) inconsultation with the Open Society Justice Initiative. The Handbook has been preparedfor UNODC and UNDP by Ed Cape, Professor of Law, University of the West ofEngland, Bristol.A first outline of the Handbook was reviewed and discussed during an expert groupmeeting held in Budapest on 16 and 17 October 2012. UNODC and UNDP wish toacknowledge the valuable suggestions and contributions of the following experts whoparticipated in that meeting: Allison Hannah, Alvon Kurnia Palma, Isadora Fingermann, Jennifer Smith, Khishigsaikhan Batchuluun, Madhurima Dhanuka, MarinaIlminska, Marion Isobel, Nadejda Hriptievschi, Thushari Sakunthala Karunasinghe andZaza Namoradze.UNODC and UNDP also wish to acknowledge the support of the Open Society JusticeInitiative in Budapest for generously hosting the expert group meeting and for supporting the participation of some of the experts.The draft handbook was reviewed at an expert group meeting held in Vienna from 27to 29 May 2013. UNODC and UNDP wish to acknowledge the valuable contributionsof the following experts who participated in that meeting: Ajay Shankar Rupesh Jha,Allison Hannah, Chimwemwe Ndalahoma, David Mcquoid-Mason, Guilherme deAlmeida, Guo Jie, Hadeel Abdel Aziz, Jennifer Smith, Khishigsaikhan Batchuluun, LinaC. Sarmiento, Madhurima Dhanuka, Marion Isobel, Saiful Alam, Nadejda Hriptievschi,Simone Cusack, Sofia Libedinsky Ventura, Stanley Ibe, Stefan Schumann, ThomasSpeedy Rice, Valentine Namakula, Yoav Sapir and Zaza Namoradze.The following UNODC staff also contributed to the development of the Handbook:Miri Sharon, Marie Grandjouan, Alexandra Martins, Mario Hemmerling, Polleak OkSerei, Stephen Thurlow, and Valérie Lebaux. The following UNDP staff contributedto the development of the Handbook: Shelley Inglis, Aparna Basnyat, Monjurul Kabir,Rustam Pulatov and Sehen Bekele. The Handbook also benefited from the contributionsfrom Kerry L. Neal and Anthony Nolan from the United Nations Children’s Fund(UNICEF) and Robert Husbands from the Office of the United Nations High Commissioner for Human Rights (OHCHR).v

ContentsPagePreface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iiiGlossary of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ixI. Early access to legal aid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B. Current state of affairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3C. International norms and standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6II. Benefits and challenges relating to early access to legal aid. . . . . . . . . . . . . . 9A. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9B. Benefits of early access for suspects and accused persons. . . . . . . . . . . 11C. The wider benefits of early access to legal aid. . . . . . . . . . . . . . . . . . . . 26D. Challenges and barriers to early access. . . . . . . . . . . . . . . . . . . . . . . . . 35III. The right to early access: the essential legal framework. . . . . . . . . . . . . . . . 43A. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43B. The right to early access to legal aid. . . . . . . . . . . . . . . . . . . . . . . . . . . 45C. Information about the right to early access. . . . . . . . . . . . . . . . . . . . . . 51D. Waiver of the right to legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54E. Giving effect to a request for early access to legal aid . . . . . . . . . . . . . 56F. Regulating the role of the legal aid provider . . . . . . . . . . . . . . . . . . . . . 57G. Guaranteeing the right to early access to legal aid. . . . . . . . . . . . . . . . 59IV. Organization and delivery of early access to legal aid . . . . . . . . . . . . . . . . . 63A. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63B. Legal aid institutions, responsibilities and funding. . . . . . . . . . . . . . . . . 64C. Delivering early access to legal aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69D. Models of legal aid provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73E. Assuring quality of service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83V. Role and responsibilities of legal aid providers. . . . . . . . . . . . . . . . . . . . . . . 89A. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89B. Role of the legal aid provider. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90C. Responsibilities of legal aid providers . . . . . . . . . . . . . . . . . . . . . . . . . . 91vii

VI. Roles and responsibilities of the police, prosecutors and judges . . . . . . . . 103A. Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103B.  Role and responsibilities of the police and other investigativeauthorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103C. Role and responsibilities of prosecutors. . . . . . . . . . . . . . . . . . . . . . . . 108D. Role and responsibilities of judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . 110VII. Developing strategies for early access to legal aid. . . . . . . . . . . . . . . . . . . 115A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115B. Developing a national strategy for early access to legal aid. . . . . . . . . 116C. The legal framework for early access to legal aid . . . . . . . . . . . . . . . . 117D. Organization and delivery of early access to legal aid. . . . . . . . . . . . . 118E. Role and responsibilities of legal aid providers . . . . . . . . . . . . . . . . . . 121F. Roles and responsibilities of the police, prosecutors and judges . . . . . 122AnnexesI.II.III.IV.V.Training curriculum for legal aid providers . . . . . . . . . . . . . . . . . . . . . . . .Training curriculum for police officers. . . . . . . . . . . . . . . . . . . . . . . . . . . .Useful materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Model letter of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sample checklists for legal aid providers. . . . . . . . . . . . . . . . . . . . . . . . . . .viii125131135139141

Glossary of termsSome terms used in this Handbook have a particular meaning, or are used for aparticular purpose. The definitions set out below are either taken directly from thetext of the United Nations Principles and Guidelines, or are designed to clarify themeaning of certain terms.Legal aidThe term “legal aid” is defined in the United Nations Principles and Guidelines asfollows:“Legal aid” includes legal advice, assistance and representation for personsdetained, arrested or imprisoned, suspected or accused of, or charged with acriminal offence and for victims and witnesses in the criminal justice processthat is provided at no cost for those without sufficient means or when theinterests of justice so require. Furthermore, “legal aid” is intended to includethe concepts of legal education, access to legal information and other servicesprovided for persons through alternative dispute resolution mechanisms andrestorative justice processes.1The United Nations Principles and Guidelines are primarily concerned with the rightto legal aid, as distinct from the right to legal assistance,2 and are intended to buildon and give effect to the international norm that a person is entitled to defendhimself or herself through legal assistance.3 The definition of “legal aid” includesboth the service provided—legal advice, assistance and representation4—and the provision of that service at no cost to persons entitled to it. For the purposes of thisHandbook, it is sometimes necessary to make a distinction between the two. It is alsonecessary to distinguish between legal services funded by the State (whether national,regional or local) and those funded by other means, such as by civil society organizations. Therefore, the following definitions are adopted for the purpose of thisHandbook.Legal aid means legal advice, assistance and/or representation and the provision ofit at no cost to the person entitled to it. For the purposes of this handbook, “legalaid” is not used to denote legal education, nor to denote alternative dispute resolutionor restorative justice processes, which are referred to specifically as appropriate.Where it is necessary to make a distinction between legal aid and legal advice,assistance and representation, the definitions below apply.State-funded legal aid means State funding of legal advice, assistance and/or representation, which is provided at no cost to the recipient, or state subsidy of the costto the recipient (that is, the recipient pays a contribution, with the remainder of thecost paid for by the State).General Assembly resolution 67/187, para. 8.Ibid., para. 13.3International Covenant on Civil and Political Rights, art. 14, para. 3 (d).4It also includes other services, such as legal education, information and mechanisms for resolving disputes. Inthe interests of clarity, for the purposes of the present Handbook such services are excluded from the definition andare explicitly referred to, as appropriate.12ix

Legal advice, assistance and representation means the service provided to the recipient. “Legal advice” refers to the provision of advice about the application of relevantlaw to the circumstances of the recipient, and the actions that the person mightappropriately take. “Assistance” means assistance in taking any appropriate actionthat the person might take, whether by taking the action on their behalf or by assisting them to take that action.5 “Representation” refers to the act of speaking on behalf(that is, “acting” on behalf) of the recipient before a prosecutor, court or tribunal.Typically, legal advice, assistance and representation are provided by a lawyer orparalegal, although, depending on the country and the circumstances, they may beprovided by another suitably trained person.Early access to legal aidFor the purposes of this Handbook, early access to legal aid means access to legalaid from the time that a person is suspected of, arrested or detained in respect of,or charged with a criminal offence (whichever is the earliest) and throughout theperiod up to and including the first appearance before a judge for the purpose ofdetermining whether the person is to be detained or released pending trial.6 Definingearly access in this way does not go beyond the right to legal aid as provided for bythe United Nations Principles and Guidelines, but rather focuses the application ofthis Handbook on the early stages of the criminal justice process.“Arrested”, “detained”, “suspected” and “charged”The terms “arrest” and “detained” are defined in the Body of Principles for theProtection of All Persons under Any Form of Detention or Imprisonment,7 and areadopted for the purposes of the United Nations Principles and Guidelines.8Arrest means the act of apprehending a person for the alleged commission of anoffence or by the action of an authority. Thus, a substantive, rather than a formal,approach to the meaning of arrest should be adopted.9Detained person means any person deprived of personal liberty except as a resultof conviction for an offence.Detention means the condition of detained persons as defined above.The term “suspected” is not explicitly defined, but the United Nations Principlesand Guidelines note that “the right to legal aid of suspects arises before questioning,when they become aware that they are the subject of investigation, and when theyare under threat of abuse and intimidation, e.g. in custodial settings”.105This may include, for example, seeking to negotiate with the police or taking appropriate action to further theinterests of the person while he or she is held in police custody.6The laws of different countries provide for a range of maximum periods before which an arrested person mustbe produced before a judge, so the temporal scope of early access will vary accordingly.7General Assembly resolution 43/173, annex.8United Nations Principles and Guidelines, para. 10.9This is the approach taken by the European Court of Human Rights. See European Court of Human Rights,Subinski v. Slovenia, Application No. 19611/04, Judgement of 18 January 2007, paras. 62-63. See also the approachtaken by the United States Supreme Court in Miranda v. Arizona, 384 US 436 (1966), and the Supreme Court ofthe United Kingdom of Great Britain and Northern Ireland in Ambrose v. Harris [2011] UKSC 43.10United Nations Principles and Guidelines, second footnote to para. 10.x

The term “charged” is also not explicitly defined in the United Nations Principlesand Guidelines. In applying the term to the range of States that are signatories tothe European Convention for the Protection of Human Rights and FundamentalFreedoms, the European Court of Human Rights has defined “charge” as follows:“Charge” may be defined as ‘the official notification given to an individual bythe competent authority of an allegation that he has committed a criminaloffence’, a definition that also corresponds to the test whether ‘the situation ofthe [suspect] has been substantially affected’.11It is suggested that the same approach should be adopted for the purposes of thisHandbook.Criminal justice system and criminal offenceThe United Nations Principles and Guidelines are concerned with access to legal aidin criminal justice systems, and adopt the definition of “justice process” found in theGuidelines on Justice in Matters Involving Child Victims and Witnesses of Crime:“Justice process” encompasses detection of the crime, making of the complaint,investigation, prosecution and trial and post-trial procedures, regardless of whetherthe case is handled in a national, international or regional criminal justice systemfor adults or juveniles, or in a customary or informal system of justice.12For the purposes of the United Nations Principles and Guidelines, “criminal justiceprocess” also encompasses extradition, transfer of prisoners and mutual legal assistance proceedings.13Legal aid providerThe lawyer or paralegal (or other suitably trained person) who provides legal aid.14Legal aid service providerThe organization that provides legal aid services, or on behalf of which a legal aidprovider works. The United Nations Principles and Guidelines provide that lawyersare the “first” providers of legal aid, but that States may involve a wide range ofstakeholders as legal aid service providers such as non-governmental organizations(NGOs), community-based organizations, charitable organizations, professional bodies or associations, and educational institutions.1511European Court of Human Rights, Eckle v. Germany, Application No. 8130/78, Judgement of 15 July 1982,para. 73.12Economic and Social Council resolution 2005/20, annex, para. 9 (c).13United Nations Principles and Guidelines, footnote to para. 14 (principle 1).14United Nations Principles and Guidelines, para. 9.15Ibid.xi

I.A.Early access to legal aidIntroductionThe early stages of the criminal justice process—the first hours or days of policecustody or detention—are crucial for those who have been arrested or detained inrespect of a criminal offence. Decisions made and actions taken, or not taken, willdetermine their ability to effectively defend themselves, the length of their detention,whether and when they are produced before a court, whether appropriate decisionsare made about prosecution or diversion from the criminal justice system and, ultimately, whether they receive a fair trial.During this period, suspects and accused persons are at greatest risk of torture orother forms of ill-treatment, ranging from neglect and demands for bribes, to coercedconfessions and unlawful detention.16 Their treatment and experiences will not onlyaffect their perceptions of the police and other law enforcement officials and thecriminal justice system, but also have an impact on their families, friends and communities, potentially undermining trust in the criminal justice system as a whole.17For example, such treatment and experiences may have a critical impact on thewillingness of victims and witnesses to cooperate with the police and the criminaljustice process.Many of those arrested or detained are poor, ill-educated or disadvantaged for someother reason. They often lack the knowledge or experience needed to understandand navigate the criminal justice system and also have limited and financial resourcesto effectively navigate the system.18 Many are children, that is, a person who is under18 years of age,19 who, in addition to these disadvantages, may lack the legal authorityto make decisions on their own, and who need support to ensure that they are dealtwith appropriately.16Moritz Birk and others, Pretrial Detention and Torture: Why Pretrial Detainees Face the Greatest Risk (New York:Open Society Foundations, 2011).17T Tyler, Why People Obey the Law (Princeton, New Jersey, Princeton University Press, 2006); J Jackson andothers, “Why do people comply with the law? Legitimacy and the influence of legal institutions”, British Journal ofCriminology, vol. 52, No. 6 (2012), pp. 1051-1071.18The Federal Court of Justice of Germany stated explicitly that at the time of the first police interrogation,the suspect usually is not prepared for such a situation, without any adviser and in an environment he is not usedto, often confused by events and afraid, due to the scenario of the interrogation. (Germany, Entscheidungen desBundesgerichtshof in Strafsachen, 38, 214).19Convention on the Rights of the Child (United Nations, Treaty Series, vol. 1577, No. 27531), art. 1.1

2EARLY ACCESS TO LEGAL AID IN CRIMINAL JUSTICE PROCESSESThe early stages of the criminal justice process are also crucial for the efficiency andeffectiveness of the criminal justice system as a whole. During this period, the extentand quality of evidence collected, and thus the prospects for a fair trial and appropriate decisions about guilt or innocence, are determined. Decisions are made aboutpretrial detention that have far-reaching consequences not only for the individualsconcerned and their ability to support their families and dependants,20 but also withregard to the resources needed to maintain the facilities in which they areincarcerated.Prompt access to legal advice and assistance is the key to guaranteeing a fair trialand the rule of law.21 Early intervention by legal aid providers helps to ensure thatrights are respected, improves the efficiency and fairness of the criminal justice systemand represents an important safeguard against torture and other forms of ill-treatment.22 It also has the potential to reduce costs, both for the system overall and forthe individual and families concerned, for example, in terms of the costs involved inpaying bribes or the loss of income resulting from detention.State-funded legal aid, which can be complemented by other legal aid service providers, is essential in ensuring the availability of legal advice and assistance and in termsof securing legal empowerment of the poor. Without access to legal aid, they arevulnerable to unfair treatment, unlawful actions and demands for bribes. In manycountries, arrest can result in detention for months, and sometimes years, withoutcharge, trial or conviction. Detention facilities are often seriously overcrowded anddangerous, and are breeding grounds for torture, criminality and corruption. Theyalso act as incubators of disease; the release of detainees still suffering from untreateddiseases contracted while in prison adversely affects the health of the wider community.23 Access to legal aid empowers the poor, enabling them to strengthen theirvoice and standing and to demand and exercise their rights. Empowering people tobe able to access justice, including through the provision of legal aid services, iscritical to the reduction of poverty and the prevention of conflict.24As the United Nations Principles and Guidelines on Access to Legal Aid in CriminalJustice Systems state, legal aid is an essential element of a fair, humane and efficientcriminal justice system that is based on the rule of law. It provides a foundation forother fundamental rights, including the right to a fair trial, and is an importantsafeguard that ensures fundamental fairness and public trust in the criminal justice20Open Society Foundations and United Nations Development Programme, The Socioeconomic Impact of PretrialDetention (New York: Open Society Foundations, 2011). In the Salvador Declaration on Comprehensive Strategies forGlobal Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World (GeneralAssembly resolution 65/230, annex, para. 52), States Members of the United Nations recommended that Member Statesshould endeavour to reduce pretrial detention, where appropriate, and promote increased access to justice and legaldefence mechanisms.21Ed Cape, Improving Pretrial Justice: The Roles of Lawyers and Paralegals (New York: Open Society Foundations, 2012),sect. 4.1-4.7.22Office of the United Nations High Commissioner for Human Rights, Association for the Prevention of Tortureand Asia Pacific Forum of National Human Rights Institutions, Preventing Torture: An Operational Guide for NationalHuman Rights Institutions, HR/PUB/10/1 (May 2010).23Joanne Csete and Dirk van Zyl Smit, Pretrial Detention and Health: Unintended Consequences, Deadly Results(New York: Open Society Foundations, 2011).24United Nations Development Programme, Envisioning Empowerment: A Portfolio of Initiatives for Achieving Inclusionand Development (New York: UNDP, 2009), available from envisioning-empowerment/Envisioning%20Empowerment full.pdf.

chapter oneEarly access to legal aidprocess.25 It can contribute to States’ overall development objectives, for example, bypreventing the most disadvantaged from falling deeper into poverty by ensuring thatthey have access to services that can help protect their rights.This Handbook is concerned with early access to legal aid for those who are arrested,detained or suspected or accused of, or charged with, committing a crime. In adopting this focus, the Handbook is intended neither to divert attention away from victimsand witnesses, nor to undervalue the importance of providing appropriate legal aidfor them. Rather, it is in recognition of the fact that the needs relating to legalservices of suspects and accused persons on the one hand, and victims and witnesseson the other, are different. While both sets of needs must be taken into account andappropriately catered for, in the interests of justice and of a fair trial, the ways inwhich those needs are catered for differ, as do the mechanisms for delivering legalaid to those involved. Moreover, while restorative justice and other community-basedapproaches to dealing with crime may involve victims, witnesses and those suspectedor accused of crime, it is generally inappropriate for a legal aid provider to providelegal services to both suspects/accused persons and victims/witnesses, given theirdifferent and sometimes conflicting needs. Increasingly there are more multidisciplinary approaches being adopted in relation to the provision of legal aid, which recognize the multidimensional nature of problems people face, particularly people whohave extremely limited resources and who are living at or below the margins ofpoverty. While this Handbook may not directly address some of these issues, it doesrecognize that the situation on the ground can often be quite complex and criminalcases may also have civil/family/administrative elements to them which require acomprehensive and holistic approach to legal aid.B.Current state of affairsThe extent to which early access to legal aid in criminal proceedings is availablevaries considerably around the world. It is often difficult to establish an accuratepicture, because in many countries statistics are not routinely collected and otherevidence is limited.26 To some extent, the differences may be accounted for by therelative wealth of nations or by the procedural tradition that informs a p

to legal aid, as distinct from the right to legal assistance,2 and are intended to build on and give effect to the international norm that a person is entitled to defend himself or herself through legal assistance.3 The definition of "legal aid" includes both the service provided—legal advice, assistance and representation4—and the pro-

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Pre-Foundation Aid Funding Prior to Foundation Aid, multiple aid categories allocated funding to address particular needs: Flex Aid: general operating support, based on existing formulas prior to 2007 Limited English Proficiency Aid: support for

Tom Sawyer’s observations of his environment and the people he encounters. In addition, students will make their own observations about key aspects of the novel, and use the novel and the journal writing activity to make observations about their own world and the people they are surrounded by. This unit plan will allow students to examine areas of Missouri, both in Hannibal, and in their own .