Empowering Citizens – Understanding How Legal Aid Works
The Legal Aid and Advisory Authority (LAAA) is a statutory body established under the Legal Aid and Advice Act Chap. 7:07 (the Act). The LAAA is responsible for providing quality and easily accessible legal services to residents of Trinidad and Tobago of small or moderate means. The LAAA services include the provision of legal advice as well as legal representation in a wide range of matters to persons who satisfy the legislative requirements.
Prior to the inclusion of the Public Defenders’ Department (“PDD”), all LAAA services were performed by Legal Officers who provided advice and representation in criminal, civil, family and other legal proceedings in all jurisdictions of the court. The Authority is also ably assisted in the execution of its mandate by private attorneys who are registered with LAAA under its Panel of Attorneys.
At present the Public Defenders’ Department, is responsible for criminal proceedings at the High Court (Assizes) and Court of Appeal. Representation in criminal matters at the Children’s High Court and the District Criminal and Traffic Courts (formerly Magistrates’ Courts) have remained with Legal Services Department. In addition to this, Legal Officers continue to provide advice in all areas of law and legal representation in civil, family and other legal proceedings.
Limitations of the LAAA
Although LAAA provides advice on a wide range of legal matters, legal aid/ representation is only provided for matters outlined in the Act. Examples of matters for which LAAA does not provide legal aid/ representation are; defamation, traffic offences for adults, election petitions and enforcement proceedings where a judgment summons is issued.
Want Legal Advice?
To access legal advice, the public can call or visit a LAAA District Office with a valid photo ID, supporting documents and a processing fee of fifty Trinidad and Tobago dollars ($50.00). Recipients of National Insurance Pension, Survivor’s Benefit, Senior Citizens’ Pension, Public Assistance and/or Disability Grant do not pay a processing fee.
Want Legal Aid/Representation?
The legislative requirements for legal representation are outlined in the Act. Civil Proceedings at the Court of Appeal and High Court are subjected to a means test, whereas Criminal Proceedings at the Court of Appeal and High Court are determined by the Judicial Officer. A similar approach is also adopted for Summary Criminal or Civil Proceedings at the District and/or Magisterial Court. The following provides a breakdown of the requirements.
Requirements for Legal Aid/Representation (Court of Appeal and High Court Civil Matters)
In order to apply for legal aid/representation, applicants must provide accurate and complete information to LAAA regarding their legal matter and financial standing. This includes the following (this list is not exhaustive): –
- Proof of Income (inclusive of spouse) – e.g., job letter, payslips & other financial documents.
- Details and Value of Assets: – e.g. motor vehicle, property, savings.
- Nature of Legal Matter: The provision of all supporting documents to commence and/or defend proceedings.
Requirements for Legal Aid/Representation (Court of Appeal, High Court Criminal Assizes and Children’s Court Criminal Matters) & District/Magisterial Criminal or Civil (Summary) Proceedings
- Applications for legal aid/representation in these matters are determined by a Judicial Officer. This includes a Court of Appeal or High Court Judge/ Master/ District Court Judge/Magistrate).
- The approval of legal aid/representation in these proceedings is not primarily based on the means of the applicant, although this would be considered by the Judicial Officer on whether legal aid should be granted.
Process where person seeking legal aid/representation is incarcerated
If a person is incarcerated, a request for legal aid/representation can be made by the inmate through the prison service or at the Court hearing to the Judicial Officer. Alternatively, a prison visit request can be made by a family member/friend of the inmate by contacting or visiting any LAAA office.
Assignment of matters to private attorneys
For an LAAA matter to be assigned to a private attorney, he/she must be registered on the Legal Aid & Advisory Authority’s Panel of Attorneys. Attorneys can apply to be registered on the Panel once they have been admitted to practice in the Republic of Trinidad and Tobago and possess a valid practising certificate.
Registration can be done through LAAA’s website.
LAAA remains committed to its mandate to provide legal advice and/or representation to the residents of Trinidad and Tobago. However, our ability to do same is governed and limited by our Act.
Submitted By
Civil Legal Department
Legal Aid and Advisory Authority,
23 Stanmore Avenue, Port of Spain.
Contact: 638-5222
Email: [email protected]
Website: www.laaa.org.tt