Jersey legal aid scheme could be publicly funded

The scheme would not provide funding for representation in civil cases

A new public funded legal aid scheme could be established if Jersey politicians approve.

In public/criminal cases legal aid is currently provided by the law society of Jersey, but the new scheme would see public money used for the first time.

Legal aid ensures representation is available to all, irrespective of income or wealth.

Politicians have four weeks to object to the scheme before its proposed start date of April 2022 is confirmed.

The new scheme would allow those receiving criminal law legal aid to choose their lawyer from an accredited panel, replacing the current Tour de Role (legal aid rota) arrangements.

Financial eligibility would be based on the individual instead of a household, and criminal law legal aid would be provided on a fixed fee basis with no payment required from the client.

Private/Civil Law legal aid would continue to be funded by the legal profession.

The Access to Justice (Jersey) Law 2019 sets out the process for agreeing Jersey's Legal Aid Scheme, which requires the chief minister to publish the scheme with assistance and advice from the Legal Aid Guidelines Advisory Committee.

The Chief Minister John Le Fondre said this scheme would ensure the government meets its obligation "to ensure that legal representation in criminal cases is available to all members of the community and provides an enhanced criminal legal aid scheme".

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