1. Legal Aid in Brunei Darussalam

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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)

9. 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

10. 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

11. 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

12. 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

13. 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

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