The Paralegal Advisory Service & Access to Justice by Children Presentation At The International Conference on Access to Legal Aid in Criminal Justice Systems June, 2014 Johannesburg, South Africa Clifford Msiska Paralegal Advisory Service Institute- Malawi

INCEPTION OF PARALEGAL ADVISORY SERVICE The1996 Pan-African Seminar on Prison Conditions in Africa noted that under-trial prisoners constituted up to 80% of the total prison population in some countries in Africa due to lack of legal aid services Review of juvenile cases in 3 prisons in Malawi (1999) revealed179 in Zomba prison illegally held Regional Seminar on Juvenile Justice recommends launching of Paralegal Advisory Service in prisons to monitor remand cases

ISSUES IN LEGAL AID SERVICE PROVISION Practical, affordable and effective legal aid service delivery scheme No one country has got it right-judicare has collapsed in many countries, pro bono schemes have hidden costs and many problems In Europe, legal aid costs have risen and governments are looking for radical alternatives

Is there an over-dependence on formal courts which are: Inadequate Expensive, or at least beyond the means of the average poor person Provide a Prado-type service when a bicycle would do just as well Slow because the formal procedures can be slow

WHAT DO CHILDREN NEED BEFORE LEGAL REPRESENTATION Advice: bail, appeal Assistance: trace sureties, parents/guardians Mediation: civil cases and petty criminal cases Referral services which are affordable and free-urgent bail applications to the lawyers to take forward in the courts

THE CORNERSTONES OF PASI Legal literacy:to help children understand the law and how it affects them Legal advice and assistance:to enable children to apply the law and help themselves Linking the criminal justice system: improving communication,co-operation and co-ordination between the police,courts and prisons Informing policy-makers: collate data to influence policy changes within the criminal justice system

Paralegals conduct Daily Paralegal Aid Clinics in prisons: empowering children to apply the criminal law and procedures in their own case (arrest to appeal) Paralegals facilitate Camp Courts-screening sessions- held in prisons: magistrate screens the remand caseload:bail,discharge, set dates for hearing PRISON/REFORMATORY SCHOOL

POLICE Trace parents/guardians of juveniles Screen juvenile offenders with a view to diversion (24/7) Attend at police interview with juvenile Facilitate victim offender mediation so that child suspects escape prosecution

COURT Attend outside court to assist: –Witnesses and sureties (role and orientation) –Legal empowerment for accused persons not in custody (not represented by a lawyer) –Follow up individual cases from prison/reformatory schools and police

IMPACT OF PARALEGAL ADVISORY SERVICE More than 75 child suspects are released monthly Over 80%juveniles diverted at the police station out of the criminal justice system Almost no child is in police cells for more than 48 hours No child is kept in prison serving the Order of the Court Specialisation in administration of child justice Lawyers see the benefit of paralegals who can identify and prepare case files for them to action in the courts PAS replicated in Benin(2002), Kenya (2004), Uganda (2005), Niger (2006), Bangladesh (2008),Sierra Leone (2009), Liberia (2010), South Sudan-Wau(2010) and Enugu-Nigeria (2012).

END OF PRESENTATION GOOD LUCK!!!!