LEGAL AID SCHEME ACT - 1997 (ACT 542)

Section - 1 - Establishment Of Legal Aid Scheme.

• There is established by this Act the Legal Aid Scheme, referred to in this Act as "the Scheme".

Section - 2 - Persons Entitled To Legal Aid.

• (1) For the purposes of enforcing any provision of the Constitution, a person is entitled to legal aid in connection with any proceedings relating to the Constitution if he has reasonable grounds for taking, defending, prosecuting or being a party to the proceedings.

(2) A person shall also be entitled to legal aid-

(a) if he earns the Government minimum wage or less and desires legal representation in any-

(i) criminal matter; or

(ii) civil matter relating to landlord and tenant, insurance, inheritance with particular reference to the Intestate Succession Law, 1985 (P. N. D. C. L. 111), maintenance of children and such other civil matters as may from time to time be prescribed by Parliament; or

(b) if in the opinion of the Board the person requires legal aid.

Section - 3 - Legal Aid Board.

• Subject to the other provisions of this Act the Scheme shall be administered by the Legal Aid Board.

Section - 4 - Composition Of Board

• (1) The Board shall consist of-

(a) a Justice or a retired Justice of the Superior Court of Judicature who shall be the Chairman of the Board;

(b) the Attorney-General or his representative;

(c) a representative of the General Legal Council;

(d) the Director of Legal Aid;

(e) a representative of the Ghana Bar Association;

(f) the Director of Legal Education;

(g) the Controller and Accountant-General or his representative;

(h) four other persons, one of whom shall be the Director of the Department of Social Welfare or his representative and one female lawyer; and

(i) a representative of the Inspector-General of Police.

Section - 5 - Functions Of The Board.

• The Board shall be responsible for-

(a) developing a comprehensive legal aid programme and policy to be carried out throughout the country;

(b) supervising the general administration of the legal aid programme; and

Section - 6 - Tenure Of Members Of The Board.

• (1) The members of the Board shall hold office for three years and are eligible for re-appointment on the expiration of the period.

(2) A member of the Board may resign his office in writing addressed to the President through the Minister.

(3) Where the office of a member of the Board becomes vacant before the expiration of his term or if for any other reason that member is unable to perform the functions of his office, the Minister shall notify the President who shall, acting in consultation with the Council of State appoint another person to complete the unexpired term of office.

Section - 7 - Allowances For Members.

• Members of the Board shall be paid such allowances as shall be determined by the Minister in consultation with the Minister responsible for Finance.

Section - 8 - Meetings Of The Board.

• (1) The Board shall ordinarily meet for the dispatch of business at such times and at such places as the Chairman may determine but the Board shall meet at least once every three months.

(2) The Chairman shall upon the request of not less than one-third of the membership convene a special meeting of the Board.

(3) The quorum at a meeting of the Board shall consist of six members.

(4) The Chairman shall preside at meetings of the Board and in his absence a member of the Board elected by the members present from among their number shall preside.

(5) Questions before the Board shall be decided by a simple majority of members present and voting.

(6) The Chairman shall have an original and a casting vote.

(7) The validity of any proceeding of the Board shall not be affected by any vacancy among its members or by any defect in the appointment or qualification of a member.

(8) A member of the Board who is absent from three consecutive meetings of the Board without sufficient cause shall cease to be a member.

Section - 9 - Committees Of The Board.

• The Board may for the discharge of its functions appoint committees of the Board comprised of members of the Board or non-members or both and may assign to them such of its functions as it may determine except that a committee composed entirely of non-members may only advise the Board

Section - 10 - Regional Committees Continued In Existence.

• (1) There shall be established in each Region, a Regional Legal Aid Committee, referred to in this Act as a "Regional Committee"

Section - 11 - Composition Of Regional Committees.

• (1) A Regional Legal Aid Committee shall consist of-

(a) a Judge or retired Judge of the Superior Court in the region who shall be the Chairman of the Committee;

(b) a representative of the Attorney-General in the region;

(c) three nominees of the General Legal Council;

(d) two representatives of the Ghana Bar Association in the region;

(e) a social worker nominated by the Department of Social Welfare in the region; and

(f) a representative of the Controller and Accountant-General in the region.

Section - 12 - Functions Of Regional Committees.

• A Regional Committee shall be responsible for-

(a) the general administration of the Scheme in the region;

(b) approving the selection of legal practitioners for participation in the Scheme in the region on behalf of the Board; and

Section - 13 - Tenure Of Members Of Regional Committees And Allowances

• (1) The members of a Regional Committee shall hold office for three years and are eligible for re-appointment on the expiration of the period.

Section - 14 - Meetings Of Regional Committees.

• The provisions of section 8 on meetings of the Board shall be applicable to the meetings of a Regional Committee except that the quorum for a meeting of a Regional Committee shall be three, and shall include the Chairman or in his absence the member acting as Chairman.

Section - 15 - Selection Committee.

• (1) A Regional Committee shall appoint a Selection Committee consisting of any three members of the Regional Committee at least one of whom shall be a lawyer.

Section - 16 - Director Of Legal Aid.

• (1) The Scheme shall have a Director who shall be appointed by the President acting in accordance with the advice of the Board given in consultation with the Public Services Commission.

(2) The Director shall hold office on such terms and conditions as shall be specified in his letter of appointment.

Section - 17 - Functions Of Director.

• Without limiting the scope of subsection (3) of section 16 the Director shall be responsible for-

(a) the day-to-day operation of the Scheme;

(b) the supervision of the legal personnel and other staff of the Scheme;

(c) co-ordinating the operation of the Scheme nationwide to ensure uniformity;

(d) initiating proposals for the formulation of policies by the Board; and

Section - 18 - Assistant Directors.

• There shall be appointed by the President in accordance with the advice of the Board given in consultation with the Public Services Commission an Assistant Director for each Regional Committee

Section - 19 - Functions Of An Assistant Director.

• (1) An Assistant Director shall be responsible for-

(a) the day-to-day operation of the Scheme in the region;

(b) co-ordinating the operation of the Scheme within the region; and

(c) executing decisions of the Board and the Regional Committee within the region.

Section - 20 - Secretary To The Board And Other Staff.

• (1) The Scheme shall have an officer to be designated as secretary to the Board who shall perform the functions of keeping accurate records of proceedings and decisions of the Board and perform such other functions as the Board or the Director may direct.

Section - 21 - Delegation Of Power Of Appointment.

• The President may in accordance with article 195(2) of the Constitution delegate his power of appointment of public officers under this Act.

Section - 22 - Legal Personnel Of Scheme.

• (1) The legal personnel of the Scheme shall consist of selected legal practitioners.

(2) The National Service Board shall assign to the Board such lawyers liable to do national service as the Board may request.

(3) The Bar Association of each region shall, with the approval of the General Council of the Bar, select legal practitioners who shall, subject to the approval of the Board, make their services available to the Scheme.

Section - 23 - Transfer Of Public Officers.

• (1) Public officers may be transferred or seconded to the Scheme or may otherwise be required to give assistance to the Scheme.

Section - 24 - Application For Legal Aid.

• (1) An applicant for legal aid shall be required to complete such application form as the Board may determine.

(2) The application shall be subject to the approval of the Selection Committee appointed under section 15 of this Act.

(3) Subsections (1) and (2) shall not apply where the applicant has been indicted for an offence punishable by death or life imprisonment.

(4) An applicant whose application is disapproved by the Selection Committee may appeal to the Regional Committee and where the applicant is not satisfied with the decision of the Regional Committee, he may appeal to the Board.

Section - 25 - Expenses Of Applicant.

• (1) An applicant whose application is approved shall be exempted from paying the prescribed fee in respect of the filing of relevant court documents and the cost of preparing appeal records.

(2) The Board may instruct the Director to pay on behalf of the applicant all or such of the expenses related to the case of the applicant as it may determine.

Section - 26 - Funds Of The Scheme.

• (1) The funds for the operation of the Scheme shall include-

(a) money provided by Parliament;

(d) fees paid by applicants.

Section - 27 - Financial Committee Of Regional Committee.

• A Regional Committee shall appoint a financial committee consisting of any three members of the Regional Committee who shall be responsible for the allocation and monitoring of the funds within the region.

Section - 28 - Budget.

• The Board shall submit to the Minister responsible for Finance through the Minister detailed estimates of the budget for the Scheme for the ensuing year.

Section - 29 - Accounts And Audit.

• (1) The Board shall keep books of account and proper records in relation to them and the books and records of the Scheme shall be in such form as the Auditor-General may approve.

(2) The account books and records of the Scheme shall, within three months after the end of each financial year, be audited by the Auditor-General or an auditor approved by him and a report on the audit shall be submitted to the Board.

Section - 30 - Half-Yearly Reports.

• The Secretary to a Regional Committee shall submit to the Director a half-yearly report on the operation of the Scheme in the region.

Section - 31 - Annual Report.

• (1) The Board shall after the expiration of each financial year but within six months after the end of the year, submit to the Minister an annual report covering the activities and the operations of the Scheme for the year to which the report relates.

(2) The annual report submitted under subsection (1) shall include the report of the Auditor-General.

(3) The Minister shall within two months after the receipt of the annual report submit the report to Parliament with such statement as he considers necessary.

Section - 32 - Ministerial Responsibility.

• The Attorney-General and Minister for Justice shall have ministerial responsibility for the Scheme.

Section - 33 - Regulations.

• The Minister may by legislative instrument make such regulations as may be necessary for the full implementation of the provisions of this Act.

Section - 34 - Interpretation.

• In this Act unless the context otherwise requires-

"Director" means Director Of Legal Aid; and

Section - 35 - Repeals And Saving.

• (1) The following enactments are repealed-

Legal Aid Scheme Law, 1987 (P.N.D.C.L. 184); and

Legal Aid Scheme (Amendment) Law, 1988 (P.N.D.C.L. 200).

(2) Notwithstanding the repeal of the enactments specified in subsection (1) of this section-

(a) any regulation or other instrument made under any of these enactments and in force immediately before the coming into force of this Act shall continue in force until amended or revoked under this Act;

(b) any appointment made under any of the repealed enactments and valid on the coming into force of this Act shall remain valid as if made under the corresponding provision of this Act until terminated or otherwise dealt with under this Act;

(c) any committee appointed under the repealed legislation and in existence immediately before the coming into force of this Act shall continue as if appointed under this Act;

(d) any case being handled by the Scheme in existence immediately before the coming into force of this Act which is not concluded under the repealed enactments shall continue and be concluded by the Scheme established under this Act;

(e) any asset, right or property held on behalf of the Scheme in existence immediately before the coming into force of this Act shall be transferred to the Scheme established under this Act; and