Other forms of public legal aid

Public defender in a criminal case

In criminal proceedings and pre-trial investigations, the defendant is under certain circumstances entitled to a public defender regardless of his or her financial situation.

A public defender will be appointed on request for a suspect of an aggravated offence and for a person who has been arrested or detained. The court may on its own initiative appoint a public defender for a person under 18 years of age and for a person incapable of seeing to his or her own defence.

An appointment as a public defender will be given to a Public Legal Aid Attorney, an Advocate or another lawyer. Normally, the person nominated by the defendant is appointed as the public defender.

The fee of the public defender is paid by the State. If the defendant is convicted of an offence, he or she is obligated to reimburse the State for the defender’s fee. If, however, the means of the defendant are such that he or she would be entitled to legal aid, the obligation to reimburse the State will be determined accordingly.

Attorney or support person for a victim of crime

If a person becomes a victim of domestic violence or a sexual offence, the court may appoint an attorney or a support person for the victim for purposes of the pre-trial investigation and the trial. If the victim wishes to make claims in the trial, the court will appoint an attorney. If the victim has no claims, a support person may be appointed.

The attorney or the support person may be appointed regardless of the means of the victim, and their fees and expenses are paid by the State. The appointment as an attorney for the injured party in a criminal case will be given to a Public Legal Aid Attorney, an Advocate or another lawyer. Normally, the person nominated by the injured party is appointed as his or her attorney.

In other matters, the victim of crime may be eligible for legal aid.

Public Legal Aid Attorney
Advocate

Updated on 20 January 2011