Legal Aid in Brunei Darussalam

Brunei Council on Social Welfare (MKM)

www.mkmbrunei.com

Country Background

• Land Area: 5,765 Sq km• Population: 408,786 (2012 est.)– 72% Citizens / 21% PR / 7% TR

• Malay Islamic Monarchy • Dual Legal System– Civil Law: English Common Law– Syariah Law: Criminal & Civil

• Economy: Oil and Gas

Key Responsible Agencies

• State Judiciary Dept, Prime Minister’s Office– Criminal Capital Cases only

• Non-Governmental Organisations– Law Society of Brunei Darussalam• Established pursuant to the Legal Profession (Law

Society of Brunei Darussalam) Order of 2003

– Brunei Council on Social Welfare (MKM)• Registered under the Registrar of Societies on 2

December 2009

State Judiciary Department

• Circular No. 10 of 1997– Practice Direction on Legal Aid in Capital Cases • E.g. Murder, Drug Trafficking, Possession of Firearms

• No legislation to provide compulsory legal representation

• Regardless of citizenship status

Year 00 01 02 03 04 05 06 07 08 09 10 11 12 13

Legal Aid Cases 6 1 0 3 1 7 0 5 2 2 1 3 3 3

State Judiciary Department

• Availability– Trial and Appeal stages– Not available during Investigation, Charge, Preliminary Inquiry

• Eligibility– No specific means test– Affordability determined by Chief Registrar of the Supreme Court

• Appointment– Counsel appointed from a law firm on rotational basis– Of at least five years practice experience– Appointment continues even if charge reduced to a non-capital

case

State Judiciary Department

• Remuneration– Circular No.3 of 2001– Average of regular rates charged by lawyers in

non-legal aid cases– According to fixed tariffs • E.g. Appearance for a trial day fixed at B$700.00

– No cap on amount liable to be claimed– Refund on outlays reasonably incurred• Eg. Fees payable to Expert Witnesses

Law Society of Brunei Darussalam

• Members– 111 Advocates and Solicitors in private legal practice

(2014)• Legal Clinic– Launched in 2012– Consultation on Civil, Criminal and Syariah matters– Rotational Basis by different law firms– Free legal advice to those earning less than B$750 in

monthly income– Pro Bono representation for criminal matters not available

Brunei Council on Social Welfare (MKM)

• Objectives– To complement and

supplement governmental efforts on social welfare

– To coordinate efforts across various NGOs

• Aim– to address the social

issues of the following five core vulnerable groups namely: • Children; • Persons with disabilities;• Elderly; • Poor and needy; and • Family units.

Brunei Council on Social Welfare (MKM)

• Legal Advice and Advisory Clinic – Launched on 8 March 2013

• Objectives: Provision / Protection / Education

– In partnership with volunteer law firms• Yusof Halim & Partners• Ibrahim Al-Haj & Company• Al Wadi Company

– Services:• Weekly Free Legal Advice• Legal Services for deserving cases

– On a Pro Bono or subsidised basis

• Free General Advice

MKM Free Legal Advice

• Two free consultations and legal advice per client • Brief legal opinion to MKM on the merit of

client’s case to commence legal proceedings.• Free Legal Advice Areas– Domestic Violence– Divorce, Custody and Maintenance– Property Disputes– Sexual Offences– Migrant Worker Issues

MKM Legal Advice

• Eligibility– For Free Advisory Services: • Resident of Brunei Darussalam

– For Free Legal Consultation and Advice• Resident of Brunei Darussalam; and• Total family income divided by the members of the

family not more than B$400.00

– For Subsidized or Pro Bono Legal Services• Case by Case basis on level of representation• Merits of the case based on legal opinion

MKM Legal & Advisory Services

2013 2014 20150

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80

LegalNon-LegalClosedtotal

Best Practices

• Civil Society Commitment

• Means Testing

• Link between Social Welfare and Legal Aid

Achievements & Challenges

• Serving the underprivileged – Achievement: One-Stop Service

• Volunteers– Challenge: Lawyers volunteering pro bono work

• Capacity-Building– Challenge: Training on Legal Aid for volunteers

END

Brunei Council on Social Welfare (MKM)

www.mkmbrunei.com