The Life Of Brian
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Submitted by mimadre on 06/30/2008 05:21 PM
- Category: History Other
- Words: 466
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The Life Of Brian
1. In Scotland the first statutory provision for legal aid was an Act of Parliament of King James I of 1424 when the King decreed that any "poor creature" who could not afford to defend himself before the courts should be given the services of a "good and learned" advocate to plead his cause. What we want to address is what are the principles which ought to apply and what kind of a system would we devise if we had an entirely free hand and a State with a reasonably generous budget. To do that, in addition to reviewing what happens in Scotland, we can look at what other countries have tried to do, learn from their successes and from their failures too.
2. As you will see, in all the countries in the analysis some form of legal aid is available for criminal cases, although in Greece this is very limited. In some countries the provision of legal representation in criminal cases is guaranteed by the Constitution and sometimes legal services are provided free of charge, regardless of the person's means if particular crimes are involved. In many of the Eastern European countries a judge or the leader of the Bar nominates a lawyer to represent the accused in such cases, but the lawyer so nominated is not always paid for his work. If nominated he is sometimes unable to refuse to act.
3. The Legal Aid scheme which has evolved over the years in Scotland now works reasonably well, but it is by no means perfect. The cover for civil law is not comprehensive and the rates of remuneration for lawyers are so low that there is a risk that fewer firms will undertake legal aid work. The Scottish legal aid board is making a real effort to improve its services and consults the profession on a regular basis to see what improvements can be made and this is very much appreciated. The continued employment of lawyers rather than administrators in the Board is essential so that decisions can be taken on complexity issues and someone with an understanding of...
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