Legal Aid Review

Description

In September 2005, the Law Reform Commission (“the Commission”) included a review of the Cayman Islands’ legal aid system in its legislative programme in response to concerns about the high cost to Government of legal aid.

Terms of Reference

In its review, the Commission addressed the following issues:

  • whether the legal aid system could be improved by strengthening the investigative and assessment process for granting legal aid;
  • whether establishing a Public Defender’s Office with full-time counsel would be more cost-effective;
  • whether such an office could deliver most legal aid services or whether specialist counsel would still need to be engaged when required;
  • if established, whether the office should operate independently of the Attorney General’s office to avoid conflicts of interest;
  • whether an appeals mechanism was needed for applicants refused legal aid; and
  • whether a recovery system should be introduced requiring certain legally aided persons to reimburse the Legal Aid Fund.

The Commission examined legal aid models in other jurisdictions, including Bermuda, Barbados, Gibraltar, Australia, the United States, the United Kingdom, Canada, and New Zealand.

Outcomes

A preliminary discussion paper titled “A Review of the Legal Aid System in the Cayman Islands” was prepared, outlining the key issues and summarising relevant research.

A draft Legal Aid Bill and accompanying regulations, principally modelled on Bermuda’s Legal Aid Act 1980, proposed a dual system in which legal aid services would be delivered by both a Public Defender’s Office and private attorneys.

On 15 July, 2008, a final report, titled “A Review of the Legal Aid System in the Cayman Islands” was submitted to the Honourable Attorney General. The Commission recommended several administrative reforms, including improved administrative oversight of legal aid, clearer eligibility criteria and measures to control costs in complex cases, but concluded that the existing system represented good value for money.

The Legal Aid Act, 2015, was passed by the Legislative Assembly on 15 October, 2015, received assent on 13 November, 2015, and came into force on 24 October, 2016.

The Act modernised the legal aid framework, providing for the appointment of a Director of Legal Aid, the establishment of application procedures and eligibility criteria, and the maintenance of a roster of attorneys willing to undertake legal aid work.

Publications