Legal Aid in Brunei Darussalam Brunei Council on Social Welfare (MKM) www.mkmbrunei.com
Country Background Land Area: 5,765 Sq km Population: 408,786 (2012 est.) 72% Citizens / 21% PR / 7% TR Malay Islamic Monarchy Dual Legal System Civil Law: English Common Law Syariah Law: Criminal & Civil Economy: Oil and Gas
Key Responsible Agencies State Judiciary Dept, Prime Minister s Office Criminal Capital Cases only Non-Governmental Organisations Law Society of Brunei Darussalam Established pursuant to the Legal Profession (Law Society of Brunei Darussalam) Order of 2003 Brunei Council on Social Welfare (MKM) Registered under the Registrar of Societies on 2 December 2009
State Judiciary Department Circular No. 10 of 1997 Practice Direction on Legal Aid in Capital Cases E.g. Murder, Drug Trafficking, Possession of Firearms No legislation to provide compulsory legal representation Regardless of citizenship status Year 00 01 02 03 04 05 06 07 08 09 10 11 12 13 Legal Aid Cases 6 1 0 3 1 7 0 5 2 2 1 3 3 3
State Judiciary Department Availability Trial and Appeal stages Not available during Investigation, Charge, Preliminary Inquiry Eligibility No specific means test Affordability determined by Chief Registrar of the Supreme Court Appointment Counsel appointed from a law firm on rotational basis Of at least five years practice experience Appointment continues even if charge reduced to a non-capital case
State Judiciary Department Remuneration Circular No.3 of 2001 Average of regular rates charged by lawyers in non-legal aid cases According to fixed tariffs E.g. Appearance for a trial day fixed at B$700.00 No cap on amount liable to be claimed Refund on outlays reasonably incurred Eg. Fees payable to Expert Witnesses
Law Society of Brunei Darussalam Members 111 Advocates and Solicitors in private legal practice (2014) Legal Clinic Launched in 2012 Consultation on Civil, Criminal and Syariah matters Rotational Basis by different law firms Free legal advice to those earning less than B$750 in monthly income Pro Bono representation for criminal matters not available
Brunei Council on Social Welfare (MKM) Objectives To complement and supplement governmental efforts on social welfare To coordinate efforts across various NGOs Aim to address the social issues of the following five core vulnerable groups namely: Children; Persons with disabilities; Elderly; Poor and needy; and Family units.
Brunei Council on Social Welfare (MKM) Legal Advice and Advisory Clinic Launched on 8 March 2013 Objectives: Provision / Protection / Education In partnership with volunteer law firms Yusof Halim & Partners Ibrahim Al-Haj & Company Al Wadi Company Services: Weekly Free Legal Advice Legal Services for deserving cases On a Pro Bono or subsidised basis Free General Advice
MKM Free Legal Advice Two free consultations and legal advice per client Brief legal opinion to MKM on the merit of client s case to commence legal proceedings. Free Legal Advice Areas Domestic Violence Divorce, Custody and Maintenance Property Disputes Sexual Offences Migrant Worker Issues
MKM Legal Advice Eligibility For Free Advisory Services: Resident of Brunei Darussalam For Free Legal Consultation and Advice Resident of Brunei Darussalam; and Total family income divided by the members of the family not more than B$400.00 For Subsidized or Pro Bono Legal Services Case by Case basis on level of representation Merits of the case based on legal opinion
MKM Legal & Advisory Services 80 70 60 50 40 30 20 Legal Non-Legal Closed total 10 0 2013 2014 2015
Best Practices Civil Society Commitment Means Testing Link between Social Welfare and Legal Aid
Achievements & Challenges Serving the underprivileged Achievement: One-Stop Service Volunteers Challenge: Lawyers volunteering pro bono work Capacity-Building Challenge: Training on Legal Aid for volunteers
END Brunei Council on Social Welfare (MKM) www.mkmbrunei.com