Legal Aid in Brunei Darussalam

Background on Brunei Darussalam Malay Islamic Monarchy Dual Legal System Civil law: English Common law Syariah Law: Criminal & Civil (phase 1 of 3) Economy: Oil and Gas

Responsible Agencies for Legal Aid State Judiciary Department, 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 2nd December 2009

State Judiciary Department Circular No. 10 of 1997 Practice Direction on Legal Aid in Capital Cases - Eg. Murder , Drug Trafficking, Possession of Firearms No Legislation to provide compulsory legal representation Regardless of citizenship status Eg. Nigerian drug mule caught with 4kg of methyamphetamine facing death penalty

State Judiciary Department Availability - Trial and Appeal Stages - not available during Investigation, Charge, Preliminary Inquiry Eligibility - No Specific means test, as long as facing capital punishment - Appointment - Counsel appointed from a law firm on rotational basis - Of at least 5 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 Eg. Appearance for a trial day fixed at B$700 - 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 Less than 120 Advocates and Solicitors in private legal practice in 2016 34 law firms in Brunei Darussalam Legal Clinic - Launched in 2012 - Consultation on Civil, Criminal and Syariah matters Rotational Basis by different law firms Free Legal advise 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 on legal area - To Coordinate efforts across various NGOs Aim - To address the social issues of the following five core vulnerable groups namely: - Children (eg. Child custody) - Persons with disabilities - Elderly - Poor and needy- Family Units (eg. Divorce, Spousal Support, child support)

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 - Ihrahim Al-Haj & Company - Al Wadi Company Services: - Weekly Free Legal Advice Legal Services for deserving cases (on a Pro Bono sor subsidized basis) Free General Advice Venue: At Yusof Halim & Partners Law firm

Brunei Council on Social Welfare (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 Advise Areas: mainly on Syariah - Domestic Violence - Divorce, Custody and Maintenance - Property Disputes - Sexual Offences - Migrant Worker Issues eg. Unpaid Wages , Contract claims

Brunei Council on Social Welfare (MKM) Free 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

Brunei Council on Social Welfare (MKM) Best Practices Means Testing (B$400 per capita) Link between Social Welfare and Legal Aid Numbers of cases received: 37 cases in 2013 vs 70 cases in 2015

Achievements & Challenges Serving the underprivileged Achievement: One-Stop Service Volunteers Challenge: Lawyers/ Law firm volunteering pro bono work Challenge: Giving legal advice v Legal representation Capacity-Building Challenge: Training on Legal Aid for volunteers

Any Questions? Feel Free To Email To Yvvonne.Lim@agc.Gov.Bn The End Any Questions? Feel Free To Email To Yvvonne.Lim@agc.Gov.Bn