THE RIGHT TO FREE LEGAL REPRESENTATION IN THE COMMONWEALTH CARIBBEAN
Abstract:In the region of the Commonwealth Caribbean the provision of legal aid to those charged with serious criminal offences is by no means automatic. However, the Privy Council has recently held in Hinds v AG that the right to a fair hearing, which is guaranteed by section 18(1) of the Constitution of Barbados, requires that in certain circumstances a defendant who is charged with a criminal offence must be afforded free legal representation. In a number of other jurisdictions, judicial recognition of a fundamental right to free legal representation has had a profound impact on the provision of legal aid. Hinds v AG is thus potentially a very important decision. This article describes the current provision of legal aid in criminal matters in the region and, using a comparative approach, seeks to evaluate the significance of Hinds v AG and its potential impact on the provision of legal aid in the region.
Document Type: Research Article
Publication date: January 1, 2002
More about this publication?
- The Oxford University Commonwealth Law Journal (OUCLJ) is the flagship journal of Oxford University's postgraduate law community, produced under the aegis of the Law Faculty.
It is published twice-yearly and endeavours to foster international academic debate and exchange on a wide range of legal topics of interest throughout the Commonwealth.