Resolution Adopted at the Annual General Meeting of the Law Society held on 12 October 2019
Resolution on Financial Scheme (legal aid representation)
(a) WHEREAS the Legal Aid Committee of the Law Society (the ‘Committee’) has considered whether there is a need for Legal Aid Representation considering the purposes and powers of the Society under Clause 4(f) and (g) of the Legal Profession (Law Society of Brunei Darussalam) Order, Legal Profession Act, Cap 32 which is to protect and assist the public in Brunei Darussalam in all matters touching or ancillary or incidental to the law and to make provision for or assist in the promotion of a scheme whereby impecunious person on non-capital charges are represented by an advocate and solicitor ; and
(b) WHEREAS having considered the needs of members of the public through discussions with the Judiciary and through our interactions at the Legal Advise Clinic; and
(c) WHEREAS having considered the needs of lawyers who volunteer for pro bono cases in that they have to pay court filing fees and disbursements; and
(d) WHEREAS having considered that the current legal aid framework is only administered by the Chief Registrar’s Office in assigning capital offence cases to counsel on rotational basis.
IT IS HEREBY TO BE RESOLVED THAT:
(a) The Law Society of Brunei Darussalam (“Law Society”) recognises the need for a scheme to assist and represent members of the public who are impecunious for non capital charges; and
(b) The Law Society be authorised to take all reasonable steps towards the implementation of such a Legal Aid Representation including, if considered necessary:
(i) adopting the pilot program for Legal Aid Representation as attached;
(ii) utilizing $5,000.00 annually from the Law Society funds for the purposes of Legal Aid Representation; and
(iii) putting in place measures to encourage participation in the Legal Aid Representation and to instil a culture of assisting members of the public.
Dated 12th day of October 2018