Legal Aid has been in existence since 1980. The Legal Aid Scheme (“the Scheme”) was established by the Legal Aid Act of 1980. Its’ most recent amendment was the Legal Aid Amendment Act 2003 which came into force on January 19^th, 2004.

The Legal Aid Office is a government department whose main purpose is to ensure that legal advice and representation is readily available to those who need it most and who because of limited financial means can least afford it

Legal Aid is available for those persons who qualify for the grant of a Legal Aid Certificate in the areas of criminal, civil and family law. It is available for criminal matters in the Supreme Court, Court of Appeal and, where it is determined that a matter is of public interest, in the Privy Council. Legal Aid can also be granted for criminal offenses in Magistrates Court  at the discretion of the Legal Aid Committee or where the offence carries a sentence of 5 or more years.

In the area of civil law and family law, Legal Aid can be granted for proceedings such as landlord and tenant in Magistrates’ Court and child maintenance and custody matters in Family Court. In the Supreme Court Legal Aid can be granted for matters such as personal injuries claims, divorce and ancillary relief matters and negligence. Legal Aid is also granted for appeals which include appeals to the Supreme Court, Court of Appeal and Privy Counsel.

The Scheme is administered by the Legal Aid Committee (“the Committee”) who meet once a week to consider new applications and to review requests made in matters already covered by a Legal Aid Certificate.  In urgent cases such as domestic violence cases, an emergency legal aid certificate can be granted by the Chairman or Senior Legal Aid Counsel. The current chairman of the Committee is retired Senior Magistrate Mr. William Francis. Other Committee members are two representatives of the Bermuda Bar Association, an accountant, and a member with a background in Social Work.

Day to day administration of the Scheme and management of the Legal Aid Office is carried out by the Senior Legal Aid Counsel. This post has been in existence since 1995. The Senior Legal Aid Counsel implements policy directives, meets with potential applicants by appointment and provides legal advice were necessary. The Senior Legal Aid Counsel also reports to the Committee at the Committee’s weekly meetings on applications and matters covered by Legal Aid Certificates. The present Senior Legal Aid Counsel, Susan Moore-Williams, joined the department on March 10 ^th , 2003.

Other staff of the Legal Aid Office include Legal Aid Counsel, the Legal Aid Administrative Assistant and an Administrative/Accounting Assistant.