Factors under Widgery Criteria Legal Aid in HK pg155 1 sentence would deprive

Factors under widgery criteria legal aid in hk pg155

This preview shows page 45 - 48 out of 81 pages.

Factors under “Widgery Criteria”( Legal Aid in HK pg155): 1) sentence would deprive the accused of his liberty or lead to loss of his livelihood or serious damage to his reputation 2) involve consideration of a substantial question of law
Image of page 45

Subscribe to view the full document.

3) The accused may be unable to understand the proceedings or to state his own case(represent himself) because of his inadequate knowledge of the official languages, mental illness or other mental or physical disability 4) defence involve the tracing and interviewing of witnesses or expert cross-examination of a witness for the prosecution 5) It is in the interest of someone other than the accused that the accused (eg cannot let the sexual assaulter cross examine the victim) Grant of legal aid - If legal aid granted, case handled by in-house litigation lawyer of LAD or barristers and solicitors in private practice on the Legal Aid Panel - Legal aid has no ceiling on individual cases - Can appeal for the refusal of grant - A HC judge may overrule a refusal to grant legal aid in cases involving an accusation of murder/treason/piracy Legal aid Service council - Independent statutory body set up by Legal Aid Ordinance - To advise CE on legal aid policy (eg feasibility and desirability of the establishment of an independent legal aid authority) - Independent legal aid authority( from the govt)?->many cases receive legal aid are against govt (interest conflicts) e) Duty Lawyer Service - Subvented by the Government and administered by legal professions (not part of the govt) - Provide Duty Lawyer Service Scheme: - Every MC has a Duty Lawyer Service Court Liaison Office , which rosters private legal practitioners on its list to represent defendants - D charged with an offence on the standard List of Offence will be provided with legal representation for their first court appearance without means testing - Subsequent representation need pass means test (gross income<~200000)(discretion to waive if at interest of justice) - Merit test (in the interest of justice, whether applicant in jeopardy of losing liberty; whether a substantial question of law is involved) f) Free Legal advice Scheme - Provided by duty lawyer service - Provide preliminary one-off legal advice to members of the general public - The scheme does not provide any legal representation - No means test, service free of charge - Appointment at Legal Advice Centre in District Offices Convention Against Torture Scheme and Non-Refoulement Claims Scheme - Provide legal representation and advice to torture claimants and asylum seeker in the screening mechanism before the Immigration Department
Image of page 46
- eligible persons: make statutory declaration that they are without means to pay the cost of legal representation - service free of charge Gap in existing legal aid (2017 report by DLA piper and PlLnet) - a myriad of free legal service, but overall is no clear entry point, little coordination and continuity of legal assistance from beginning to end is rare -
Image of page 47

Subscribe to view the full document.

Image of page 48
  • Spring '15

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes