What is legal aid?
The Legal Aid and Advisory Authority is a unit of the Ministry of Legal Affairs that provides legal advice and representation to citizens of T&T who may not be able to afford the services of an attorney-at-law. The Legal Aid and Advice Act, Chapter 7:07 provides for the operations of the authority.
Who is eligible for legal aid?
In High Court Civil matters, eligibility for legal aid is based on a number of factors:
The authority must be satisfied that the applicant's disposable capital does not exceed a maximum value of $5,000 and disposable income does not exceed $7,000 annually after certain deductions are made.
The authority must also be satisfied that the person has reasonable grounds for taking, defending, continuing or being a party to any proceedings.
In criminal high court and magistrates' court matters the decision for legal aid is strictly up to the judge or magistrate before whom the application is brought. Where, however, there is any doubt as to the applicant's eligibility for aid, legal aid is usually granted in the interest of justice.
What kind of matters does legal aid handle?
The authority can provide an attorney in criminal matters involving:
Indictable offences – this is an offence where the person would be tried by a judge and jury;
Summary offences – this is usually a criminal matter tried by the magistrate's court
All offences where the person charged in a court of summary jurisdiction is a child or young person; and
Proceedings before a coroner's court, that is an inquest into the death of a person
The authority can also provide an attorney in Civil law matters involving:
Divorce
Custody
Access
Maintenance
Guardianship
Domestic violence
Possession/eviction/ejectment proceedings including matters between landlords and tenants in residential agreements;
Petty civil court matters; and
Other high court proceedings
The cost for legal aid
There is a $10 T&T application fee for legal advice. While an aided applicant does not pay fees to his assigned attorney, fees paid to attorneys assigned by the authority are provided for, out of an annual subvention by Parliament. The Act also provides that the applicant may be requested to make a small contribution towards the cost of his matter in civil high court matters.
Procedure for applying for legal aid
To apply for legal aid, you must visit one of the legal aid offices, and:?
Fill out a form providing basic information about yourself and the nature of the problem.
You will then be interviewed by the legal officer to determine your eligibility for legal aid.
If you are not eligible you can be given legal advice.
If eligible, an application form will be given to you. This form is an affidavit and requires that you go before a Justice of the Peace or a Commissioner of Affidavits to swear that the information you provide is true and correct.
In the case of civil actions, the application form must be returned together with requested documents to the office from where it was obtained. You will be interviewed by an Investigator who will prepare a means report on your matter. This report will be considered by the authority at its monthly meeting and you will be informed in writing as to whether or not legal aid has been granted.
If the matter is in the magistrates' court or criminal high court, the application forms are sent to the relevant courts where the request for legal aid is considered by a magistrate or judge. You must sign that your application is true as it is an offence to obtain legal aid with false information. Once legal aid is granted an attorney is assigned to you.
Offices
The authority has three main full-time offices in Port-of-Spain, San Fernando and Tobago where legal officers operate Monday to Friday and five other part-time offices throughout Trinidad. These offices are situa�ted as follows:
Port-of-Spain: Corner Oxford and Edward Streets (Head Office) – 625-0454, 625-3215
Chaguanas: Borough Corporation, Rate Paying Office, 24 Ramsaran Street – 671-0577
San Fernando: 3 Leotaud Street – 652-1894, 652-1931
Arima: Registrar General/Rent Assessment Board, Pro Queen Street – 667-1700
Tobago: Fairfield Complex, Bacolet Street, Scarborough – 639-6531
Couva: Family Services? Centre, Camden Road – 636-5267
Penal: Debe/Penal Regional Corporation, Dookie Street – 647-6302
Sangre Grande: Social Welfare Office, Corner Savi Street and
Boodooville Circular Road – 668-3366
This article sets out general guidelines; all legal rules have exceptions and variations. How the law applies to you depends on the facts of your case. This column is an initiative of the Trinidad Guardian and the Law Association with assistance from students of the Hugh Wooding Law School.