Turks and Caicos Islands
Supreme Court Ordinance
Legal Aid (Early Criminal and Civil Assistance) Rules 2021
Government Notice 1173 of 2021
- Published in The Gazette - Turks and Caicos Islands 90 on 31 December 2021
- Assented to on 30 December 2021
- Commenced on 31 December 2021
- [This is the version of this document from 31 December 2021.]
Part I – Preliminary
1. Citation and commencementThese Rules may be cited as the Legal Aid (Early Criminal and Civil Assistance) Rules 2021 and shall come into operation on the 31st day of December 2021.
2. InterpretationIn these Rules—"Assisted Person" refers to a person granted Civil Legal Aid"Civil Legal Aid Panel" refers to the Legal Aid Panel established under Rule 15 of these Rules"Duty Counsel" refers to an Attorney on roster who is assigned to appear on behalf of persons arrested and/or investigated for the commission of a crime."Litigation Attorney" is an Attorney whose name appears on the Litigation Attorney Roster and may be assigned a civil legal aid case"Registrar" refers to the Registrar of the Supreme Court.
Part II – Criminal cases
3. Duty Counsel Roster
4. Responsibilities of Duty CounselA Duty Counsel shall provide services for persons arrested for criminal offences during the investigative stage at the police station. In this regard, a Duty Counsel may provide the following services—
5. Terms of engagementAn Attorney on the Duty Counsel Roster must be prepared and available throughout the period of their allocated duty schedule to be summoned at any time during day-time or night-time hours to provide legal advice and assistance for a person detained or arrested for a crime, and during the time of investigation(s) at the police station.
6. Assignment of Duty Counsel
7. Accessing the services of Duty Counsel
Part III – Civil cases
8. Civil Legal Aid cases
9. Eligibility for Civil Legal Aid
10. The application
11. Time for making the application
12. Information requiredA Civil Legal Aid Application Form shall seek such information as will provide information of the nature of the type of proceeding or claim, and a fair assessment of the means of the applicant, his or her spouse, or of both, and any assets owned by them, in order to determine the applicant's financial capability to engage an Attorney.
13. Verification of information providedThe Civil Legal Aid Application shall be verified on oath before a Justice of the Peace.
14. Grant of Civil Legal Aid
15. Roster of Litigation Attorneys
16. Assignment of an Attorney
Part IV – Legal Aid Certificates and fees
17. Approval and issuance
18. Review of a decision by the Panel
19. Termination of Legal Aid
20. Duty Counsel accessThe Registrar shall each week, transmit to each police station through the Police Administration, the names and contact numbers of Duty Counsel who shall be available to attend the police station for the purpose of undertaking the duties set out in Rule 4.
21. Fees: Duty Counsel
22. Fees in Civil Legal Aid Cases
23. Interim payments, court fees and experts
Part V – Special provisions
25. Foreign AttorneysNo Civil Legal Aid fee payment shall be made in respect of the services of any overseas lawyer instructed by an Attorney to represent a Civil Legal Aid assisted person.
26. Disciplinary mattersThe provisions on the handling of complaints against Attorneys contained in Rules 20, 21, and 22 of the Legal Aid Rules 2021 shall apply to any complaint made against an Attorney, either as Duty Counsel or Litigation Counsel under these Rules.
History of this document
31 December 2021 this version
30 December 2021