Understanding Eligibility for Legal Aid in Trinidad and Tobago
Legal Aid and Advisory Authority: A State Entity
The Legal Aid and Advisory Authority (“the Authority”) was established by the Legal Aid and Advice Act, Chap 7:07 (“the Legal Aid and Advice Act” or “the Act”) in 1976 for the purpose of providing legal aid and advice to persons of small to moderate means. Legal aid includes legal representation in Magisterial or High Court matters. The Public Defenders’ Department, which was officially established in March 2020, also operates under the umbrella of the Legal Aid and Advisory Authority. For the purpose of this discussion, the focus will be on civil (non-criminal) proceedings. To ensure that the resources provided by the Legal Aid and Advice Fund are used responsibly, persons desirous of receiving legal aid must satisfy both means and merits tests in accordance with the Act. These tests assess: (1) whether an Applicant has a reasonable prospect of success in bringing or defending a matter and (2) whether they are of limited financial means.
Does Nationality Matter?
The Caribbean is an increasingly mobile region. A common question is: Does my nationality matter if I would like to apply for legal aid?
In short, the Legal Aid and Advisory Authority does not restrict eligibility based on citizenship or nationality. Section 37 of the Act only requires that prospective Applicants are “persons resident in Trinidad and Tobago”.
When interpreting local legislation, the piece of legislation usually states if Parliament intends to limit the access of a particular resource to citizens or other persons with a particular legal status. There is generally little ambiguity. For example, one requirement of accessing public assistance is being continuously resident in Trinidad and Tobago for at least three years before applying. That legislation also provides for a more restrictive definition of “resident”, as provided by Section 6 of the Immigration Act, Chap 18:01.
In 2012, the Legal Aid and Advice (Amendment) Act was enacted to expand the scope of who could access legal aid. It facilitated amendments such as removing a previous six-month residency requirement by deleting the words “for a period of at least six months” from the previous version of Section 37 of the Act. This section once stated, “legal advice shall be available to persons resident in Trinidad and Tobago for a period of at least six months.”
The Legal Aid and Advice Act now has no express statutory exclusions of this kind. The word “resident” for the Authority is treated as persons who are physically domiciled within the confines of Trinidad and Tobago at the time of their application.
The Importance of Legal Aid
The mechanisms within the Authority aim to ensure that all individuals are afforded an opportunity to understand the law and appropriately navigate the justice system. Quality legal advice and representation safeguard the integrity of proceedings, ensuring that all persons have a fair opportunity to be heard and, where applicable, represented.
The provision of legal aid also has larger societal benefits. It fosters public confidence in the principle of equality before the law and that all persons can have the resources to make informed decisions which may ultimately protect their rights.
Other Considerations for Non-Nationals
It should be noted that immigration matters remain governed by separate legislation and that a successful application for legal aid cannot be utilized to regularize or determine a person’s immigration status. Eligibility for legal aid is not automatic. Further, since the Authority is publicly funded, non-nationals must note that acceptance of a legal aid certificate could negatively impact their standing before immigration authorities.
Additionally, It should also be noted that when making an application for legal aid, the Authority may require statements from local bank accounts, employment records or other easily verifiable documentation of assets and income. Where such information is not available, further inquiries or requests for additional supporting material may be made by the Authority.
Legal aid is also only available for certain proceedings under the Act, such as defamation, election-related matters, Petty Civil Court matters where the damages claimed are less than two thousand, five hundred dollars and traffic-related offences.
For information on personal eligibility, potential applicants may consult a Legal Aid and Advisory Authority District Office closest to their location.
Submitted By: Elise Marcelle
Legal Officer
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