XN000022-1991-07-03 — Page 18

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WEDNESDAY, JULY 3, 1991

ASSISTANCE IN TEST, WHEREBY THE

UNDER THE NEW SCHEME, ALL APPLICANTS FOR LEGAL MAGISTRATES'

WILL BE SUBJECT TO A MERITS COURTS MERITS OF EACH APPLICATION ARE ASSESSED AGAINST JUSTICE" PRINCIPLB.

THE "INTERESTS OF.

IN APPLYING THIS TEST, THE ADMINISTRATOR OF THE SCHEME AND HIS ACCUSED STAFF WILL HAVE REGARD TO THE INDIVIDUAL CIRCUMSTANCES OF THE

PRISON PERSON, SUCH AS WHETHER THE OFFENCE IS LIKELY TO LEAD TO A

AND

A INCLUDES SENTENCE

A

WHETHER LOSS OF

THE CASE LIBERTY; SUBSTANTIAL POINT OF LAW; WHETHER THE ACCUSED IS SUFFERING FROM MENTAL DEFENCE OR OTHER DISABILITY AND CANNOT REPRESENT HIMSELF; WHETHER THE

IS IN THE INVOLVES CROSS-EXAMINATION OF WITNESSES; AND WHETHER IT INTEREST OF OTHER PERSONS THAT THE ACCUSED BE LEGALLY REPRESENTED.

A MEANS TEST WILL BE INTRODUCED TO PREVENT ABUSE BY WHO CAN AFFORD THEIR OWN PRIVATE LEGAL REPRESENTATION.

APPLICANTS

ELIGIBLE 13 UNDER LAWYER

PEOPLE WHOSE MEANS EXCEED A CERTAIN LIMIT WILL NOT BE

THE PRECISE LIMIT LEGAL ASSISTANCE FROM THE SCHEME. CONSIDERATION BY THE GOVERNMENT IN CONSULTATION WITH THE DUTY

FOR

SCHEME.

"IN

SUMMONSES

DEPARTMENTAL VIEW OF THE LARGE NUMBER OF MINOR

A SMALL AND REGULATORY OFFENCES DEALT WITH IN MAGISTRATES' COURTS, HANDLING FER WILL BE INTRODUCED TO HELP SCREEN OUT CASUAL APPLICATIONS FOR LEGAL ASSISTANCE, REDUCE UNNECESSARY ADMINISTRATIVE WORK AND

THE SPOKESMAN SAID. PART OF THE COST OF EXPANDING THE SCHEME,"

MERT

WILL HAVE CASES, 80

"THE ADMINISTRATOR OF THE DUTY LAWYER SCHEME DISCRETION TO REDUCE OR WAIVE THE FEE IN GENUINE HARDSHIP THAT NO ONE WILL BE DEPRIVED OF LEGAL REPRESENTATION SIMPLY BECAUSE HE CANNOT AFFORD TO PAY THE FEE."

PROPLE IT WILL SUBJECT то

IT IS ESTIMATED THAT THE NEW SCHEME WILL BENEFIT 30,000 RACH YEAR, COMPARED WITH 13,000 UNDER THE PRESENT SCHEME. COST THE GOVERNMENT AN ADDITIONAL $21 MILLION EACH YEAR. THE APPROVAL OF FUNDS BY THE FINANCE COMMITTEE.

FUNDS FOR THE PROPOSED IN ORDER

PROVIDE THE NECESSARY TO

GOVERNMENT EXPANSION OF LEGAL ASSISTANCE IN MAGISTRATES' COURTS, THE HAS

"FINANCIAL CAPACITY DECIDED TO DEFER THE INTRODUCTION OF A NEW

AID APPROACH" TO MEANS TESTING TO BE ADOPTED BY THE DIRECTOR OF LEGAL

CRIMINAL CASES IN THE LEGAL AID IN CIVIL CASES AND PROVIDING DISTRICT COURT AND THE HIGH COURT.

IN

THE

WAS

"FINANCIAL PROPOSED

CAPACITY APPROACH"

ORIGINALLY HAVE HAD INTENDED FOR INTRODUCTION IN THIS FINANCIAL YEAR AND WOULD

LIMIT OF TOTAL FINANCIAL THE EFFECT OF RAISING THE ELIGIBILITY RESOURCES (DISPOSABLE ANNUAL INCOME AND CAPITAL) TO $120,000.

AND "HAVING REGARD TO THE NEED TO RESTRAIN PUBLIC EXPENDITURE

REPRESENTATION TO THE GOVERNMENT'S OBLIGATION TO PROVIDE FREE LEGAL INDIGENT PERSONS CHARGED IN MAGISTRATES' COURTS, IT IS CONSIDERED THAT SCHEME," PRIORITY SHOULD BE GIVEN TO THE EXPANSION OF THE DUTY LAWYER THE SPOKESMAN EXPLAINED.

"THE NEW FINANCIAL CAPACITY APPROACH WILL BE INTRODUCED AS SOON AS FUNDS CAN BE MADE AVAILABLE FOR ITS IMPLEMENTATION," HE ADDED.

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