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LAWS OF FIJI
BACK LEGAL AID _____ AN ACT TO MAKE BETTER PROVISION FOR THE GRANT OF LEGAL AID TO POOR PERSONS [24th December, 1968] (a) defining the term "poor person" for the purpose of those rules and prescribing the classes of persons qualified to receive legal aid as poor persons thereunder; (b) establishing committees and panels of barristers and solicitors for the assistance of poor persons and, for this purpose, to require practitioners to serve on those committees and panels and to undertake the advising of poor persons and the conduct of litigation on their behalf; (c) prescribing the nature and extent of the legal aid that may be granted, and the conditions upon or subject to which it may be granted; (d) prescribing the manner in which legal aid shall be provided and administered; (e) providing for the remission of fees payable under any Act, rules or regulations in relation to court proceedings to which poor persons are parties and for the non-allowance or remission of costs payable by poor persons (whether to other parties or to barristers and solicitors) and for the non-allowance, remission or disposal of costs payable to poor persons. Controlled by Ministry of the Attorney-General. Rules* 13th January 1969, 24th February 1969, 10th February 1971, (Made by the Chief Justice) (2) In these Rules, unless the context otherwise requires— "a poor person" means a person who is not possessed, in Fiji or elsewhere, of money or property, other than wearing apparel, to the amount of more than two hundred dollars in value. Provided that the President shall not grant such legal aid unless the Court of Appeal has certified that the case is fit for appeal to the said Judicial Committee. (a) the appellant in an appeal from the judgment of the Supreme Court in its criminal jurisdiction; or (b) the appellant, or the respondent, in an appeal from the judgment or order of the Supreme Court in its divorce jurisdiction. (a) the defendant in a criminal cause; or (b) the petitioner, or respondent, in proceedings brought under the Matrimonial Causes Act; or (Cap. 51.) (c) the appellant, or the respondent, in an appeal from the judgment of a Magistrate's Court in a criminal cause therein; or (d) the appellant, or the respondent, in an appeal from the judgment or order of a Magistrate's Court in a case therein under the Maintenance and Affiliation Act. (Cap. 52.) * See Legal Notices Nos. 18 and 40 of 1969. 28 of 1971, 82 of 1972 and 54 of 1984. to a poor person who is the defendant in a criminal cause in a Magistrate's Court: Provided that no application for legal aid may be made by a defendant in a criminal cause in a Magistrate's Court unless the consent of the presiding magistrate is obtained and endorsed on the application. (Inserted by Rules* 24th February 1968.) 6.—(1) Applications for legal aid shall be made in writing in the form prescribed as Form I in the First Schedule. (2) Applications for legal aid in appeals before the Fiji Court of Appeal or by persons proposing to seek leave to appeal to the Judicial Committee of the Privy Council shall be submitted to the Registrar of the Fiji Court of Appeal. (3) Applications for legal aid in criminal causes and appeals in the Supreme Court shall be submitted— (a) in Suva, to the Chief Registrar of the Supreme Court; (b) in Lautoka, to the Deputy Registrar, Lautoka. (4) Application for legal aid in any criminal cause in a Magistrate's Court must be submitted to the Clerk of the Court of that Magistrate's Court. Provided that the maximum total amount to be paid for legal aid in respect of any one application for leave to appeal to the Judicial Committee of the Privy Council, shall be eighty dollars and the maximum total amount to be paid for legal aid in respect of any appeal, if leave has been given, shall be one hundred dollars. (a) brief any barrister and solicitor who may be willing to accept the brief; or (b) submit to the applicant a list of barristers and solicitors who had notified the Chief Registrar of the Supreme Court that they are willing to accept briefs to represent poor persons under the provisions of these Rules and endeavour to brief any of such barristers and solicitors * See Legal Notice No. 40 of 1969. whom the applicant may nominate and in doing so shall follow any order of preference stated by the applicant; or (c) issue to the applicant a legal aid certificate, as provided for in rule II. (2) Any barrister and solicitor who has an unconditional right of audience in the court in which the proceedings are pending, or are to be brought, may at the request of the applicant, undertake to represent him in those proceedings and he shall, at the conclusion of the proceedings, be entitled to be paid fees in accordance with these Rules in the same way as if he had been briefed by one of the Court officers authorised under rule 10 to brief barristers and solicitors in legal aid cases. (3) Where a barrister and solicitor has undertaken to represent an applicant who has obtained a legal aid certificate, the applicant shall hand the certificate over to the said barrister and solicitor, who shall present it to the Chief Registrar of the Supreme Court in support of his claim for payment of his fees at the conclusion of the proceedings. (2) Where a court orders that an applicant to whom legal aid has been granted may be permitted a change of barrister and solicitor, it may at the same time, or at any time thereafter upon the application of the barrister and solicitor who has ceased, as a result of the order, to represent the applicant, make an order that the said barrister and solicitor be paid the fees, in whole or in part, to which he would have been entitled under these Rules if he had continued to represent the applicant until conclusion of the proceedings: Provided that, unless such an order for payment is made by the court, the said barrister and solicitor shall not be entitled to be paid any fees under these Rules. (2) When the amount of the fee to be paid under rule 9 or under paragraph (1) has been ordered by the President of the Fiji Court of Appeal or the appropriate court, as the case may be, payment shall be made by the Chief Registrar of the Supreme Court. FIRST SCHEDULE FORM I (Rule 6 (1) ) APPLICATION FOR LEGAL AID To: *The Registrar, Fiji Court of Appeal The Chief Registrar, Supreme Court. The Deputy Registrar, Supreme Court, Lautoka The Clerk of the Court,. ...... .Magistrate's Court 1. I, ...................... being a person not possessed, in Fiji or elsewhere, of property, other than wearing apparel, to the amount of more than $200 in value, hereby apply for legal aid. 2. I * am/hereby give notice of my intention to become tthe defendant in a criminal cause in the * Supreme Court/Magistrates' Court, ...................... charged with the following offence(s): (continue overleaf if there is insufficient space here); +the *appellant/respondent in an appeal in the *Fiji Court of Appeal/Supreme Court in a *criminal/divorce/separation and mainten ance/affiliation matter; +the number and title of the case in the Supreme Court/Magistrate's Court was: 3. If legal aid is granted, I request that: *you brief any barrister and solicitor who may be willing to accept the brief; *you send me a list of the barristers and solicitors willing to represent poor persons under the Legal Aid Rules, and endeavour to brief any of such barristers and solicitors whom I may nominate, following any order of precedence I may state; *you issue to me a legal aid certificate under rule II of the Legal Aid Rules, so that I may instruct a barrister and solicitor myself. 4. My postal address is: 5. *l have read and understood this application/*This application has been read and explained to me by.......................................of................................................................(address) who has signed below as witness and I understand it fully. 6. I send herewith my declaration as to means. (Applicant) ........................................................ Date.............................................................. (Witness) *Delete whichever is not applicable. ?Complete whichever sections are appropriate and delete the others. FORM 2 (Rule 7) DECLARATION AS TO MEANS ......... of ......................................... solemnly and sincerely declare that: 1. I do not possess any money or other property, other than wearing apparel, in Fiji or elsewhere, except for the following: Item Value Where Property is Located 2. I do not own, occupy or have any interest in any land, /*other than: Location Area Interest 3. During the past 12 months I have not been employed/+have been employed as: Employment Period Wages or Salary 4. I live at ...................................................................................... 5. I *am/am not married. 6. I have ........................................ children whom I am supporting. I have read and understood this declaration/this declaration was completed at my dictation by...............................................................................................................of ......................................................who has signed below as witness; he read the contents of this form to me in the........................... language and I dictated to him in the.................................... language the entries which he was to make for me. I realise that, if any entry is false, I may be liable to prosecution. (Applicant) (Date) (Witness) *Delete as necessary and complete as appropriate. FORM 3 (Rule II) LEGAL AID RULES LEGAL AID CERTIFICATE This certificate has been issued this ................................. day of .................................. 19............. to ............................................ of ............................................ hereinafter called "the applicant". The applicant has been granted legal aid by................................ for the purpose of: in (name of court)............................................................................................................................. Any barrister and solicitor having an unconditional right of audience in the said court who undertakes the representation of the applicant in the proceedings referred to above will be entitled, upon the conclusion of these proceedings and upon presentation of this certificate, to be paid the fees payable under the provisions of the Legal Aid Rules, in accordance with any order given by the court. Registrar, Fi)i Court of Appeal/ Chief Registrar, Supreme Court/ Deputy Registrar, Lautoka/ Clerk of the Court................... Magistrates' Court. NOTE.—This certificate is issued under the provisions of the Legal Aid Rules. Fees will not normally be paid to any barrister and solicitor who does not retain and produce this certificate in support of his claim for payment of fees. SECOND SCHEDULE (Rule 13 (1) ) (Substituted by Rules* 27 April 1984 FEES ALLOWED IN THE FIJI COURT OF APPEAL Criminal Cases and Matrimonial Causes 1. For taking instructions and preparing for the hearing ... $15 to $45 2. Forthefirstdayofhearing..................................... $25 to $35 3. For each subsequent day of hearing (maximum 2 days) $20 FEES ALLOWED IN THE SUPREME COURT (A) Original Jurisdiction Matrimonial Causes 4. For taking instructions and preparing for the hearing.... $30 to $50 5. Forthefirstdayofhearing..................................... $25 to $35 6. For each subsequent day of hearing (maximum 5 days) $25 * See Legal Notice No. 54 of 1984. Criminal Cases 1. For taking instructions and preparing for the hearing.... $35 to $100 8. Forthefirstdayofhearing..................................... $25 to $100 9. For each subsequent day of hearing (maximum 8 days) $25 to $100 (B) Appellate Jurisdiction (i) Criminal Appeals (ii) Affiliation Appeals (iii) Separation & Maintenance Appeals 10. For taking instructions and preparing for the hearing.... $20 to $75 11. Forthefirstdayofhearing..................................... $25 to $35 12. For each subsequent day of hearing (maximum 2 days) $25 Criminal Cases 13. For taking instructions and preparing for the hearing ... $20 to $35 14. Forthefirstdayofhearing...................................... $25 15. For each subsequent day of hearing (maximum 2 days) $25 NOTES: (1) These fees are prescribed for a normal day's sitting of the court. Where an additional brief appearance is also necessary for an application, motion or attending for judgment an appropriate fee will be allowed in addition to the above fees. The minimum fees for attending court on any one day will be $20. (2) Fees will be allowed for days of hearing additional to those allowed for in the scale, on the certificate of the court of hearing. In the case of certificates issued by a magistrate's court such certificates are subject to confirmation by the Chief Justice. (3) Where the barrister and solicitor who appeared in the court of first instance appears at the hearing of an appeal, the minimum fees for preparation will normally be allowed but this may be increased in special circumstances. Controlled by Ministry of Justice |
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