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The Legal System
Supplementary Legal Aid Scheme
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This scheme helps people whose financial resources exceed the Ordinary Scheme's limit, allowing an eligibility limit of $1,451,900. The scheme covers the following types of cases where the claim is likely to exceed $60,000 personal injury claims; medical, dental or legal professional negligence claims, as well as professional negligence claims against practising certified public accountants, registered architects, registered professional engineers, registered professional surveyors, registered professional planners, authorised land surveyors, registered landscape architects and estate agents; negligence claims against insurers or their intermediaries in respect of the taking out of personal insurance products; and monetary claims against vendors in the sale of first-hand residential properties.
It also covers employees' compensation claims and representation for employees in appeals against awards made by the Labour Tribunal regardless of the amount in dispute.
The scheme is self-financing, being funded by contributions from aided persons and a percentage payment deducted from damages or compensation recovered on their behalf.
Legal Aid in Criminal Cases
Legal aid is available under the Ordinary Legal Aid Scheme for criminal trials in the Court of First Instance and the District Court, committal proceedings in the Magistrates' Courts, appeals from the Magistrates' Courts and appeals to the Court of Appeal and Court of Final Appeal. Applicants who pass the means test receive legal aid for trial, provided the director is satisfied it is in the interests of justice to grant legal aid. For appeals, it must be shown there are reasonable grounds to appeal, except where the applicant has been convicted of murder, treason or piracy with violence.
The director has the discretion to grant legal aid in a criminal case where the applicant's financial resources exceed the eligibility limit, if the director is satisfied it is desirable in the interests of justice to do so, subject to the payment of a contribution at higher rates calculated according to the applicant's financial resources.
An applicant who passes the means test but is refused legal aid may apply to a judge for legal aid to be granted. Applicants charged with or convicted of murder, treason or piracy with violence may apply to a judge not only for legal aid for the trial or appeal, but also for exemption from the means test or payment of a contribution. Appeals against refusal of legal aid for appeals to the Court of Final Appeal are heard by the Review Committee.
Legal aid cases in 2017
Number of applications
Number of certificates granted Amount of expenditure incurred Monies recovered
*The figures are unaudited
Civil Cases
Criminal Cases
Ordinary
Scheme
Supplementary Scheme
Ordinary
Scheme
15,373
338
3,471
6,340
$557.5 million
223 $7.2 million*
2,469
$167 million
$1,236.1 million
$75.6 million*
N/A
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