{"kind":"expression","expression":{"expr_id":"348","doc_id":"348","label":"SL 23 of 2017","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/sl\/2017\/23\/eng@2017-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/sl\/2017\/23\", \"expression\": \"\/akn\/ky\/act\/sl\/2017\/23\/eng@2017-01-01\", \"manifestation\": \"\/akn\/ky\/act\/sl\/2017\/23\/eng@2017-01-01.pdf\"}, \"pdf\": {\"md5\": \"6f18c77d8ff9ecc16873e00ab9770cf7\", \"path\": \"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0023\/2017-0023_SL 23 of 2017.pdf\", \"pages\": 22, \"filename\": \"2017-0023_SL 23 of 2017.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 6121, \"paragraph_count\": 24, \"text_char_count\": 37895}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Legal Aid Law, 2015 (SL 23 of 2016) SL 23 of 2016 PUBLISHING DETAILS Arrangement of Regulations SL 23 of 2016 Legal Aid Law, 2015 (SL 23 of 2016) Arrangement of Regulations Regulation PART 1 - PRELIMINARY 1. 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"PART 2 - LEGAL AID IN CRIMINAL CASES 4. 5.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"PART 3 - LEGAL AID IN CIVIL CASES 7. 8. 9.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"PART 4 - LEGAL AID GENERALLY 11. 12. 13. 14.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Arrangement of Regulations SL 23 of 2016 16. 17.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"PART 5 - ASSIGNMENT OF LEGAL AID WORK\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"PART 6 \u2013 REMUNERATION AND TAXATION 20.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"PART 7 - DISPOSABLE INCOME AND CONTRIBUTIONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"PART 8 - GENERAL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"SCHEDULE CALCULATION OF LEGAL AID CONTRIBUTIONS AND DISPOSABLE INCOME Regulation 1 SL 23 of 2016 Legal Aid Law, 2015 (SL 23 of 2016) In accordance with the powers conferred by section 42 of the Legal Aid Law, 2015, the Cabinet, after consultation with the Chief Justice, makes the following Regulations \u2014 PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation 1. These Regulations may be cited as the Legal Aid Regulations, 2016.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In these Regulations \u2014 \u201ccertificate\u201d includes a temporary certificate granted under section 17(5) of the Law; \u201cLaw\u201d means the Legal Aid Law, 2015; and \u201cmention\u201d means an appearance before the Court by any person solely for the purpose of being further remanded. 3. Duty of attorney-at-law and choice of attorney-at-law 3. (1) Every attorney-at-law, before agreeing to act for any person, shall consider whether such person may be eligible for legal aid and, if so, the attorney-atlaw shall advise the person to make an application for the grant of legal aid. (2) An attorney-at-law shall not agree to act in consideration of any fee or accept any fee from a person who appears to be eligible for legal aid unless \u2014 Regulation 4 SL 23 of 2016 (a) the attorney-at-law has first given such person written advice to the effect that he appears to be eligible for legal aid and the person has made an informed decision not to apply for legal aid; or (b) the person has applied for legal aid and his application has been rejected. (3) Every assigned attorney-at-law shall keep accurate records of \u2014 (a) the advice given; (b) the work done; (c) the time spent; and (d) the disbursements made in the course of conducting any criminal or civil proceedings on behalf of an assisted person. PART 2 - LEGAL AID IN CRIMINAL CASES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Application for legal aid in respect of criminal charges 4. (1) A person who desires legal aid in a criminal case may apply for legal aid by using a form issued by the Director. (2) An application for legal aid for a child may be made by a parent or guardian on the child\u2019s behalf. (3) An application for legal aid for a mentally or physically incapable person may be made on his behalf \u2014 (a) by the person\u2019s guardian; (b) if there is no guardian, by the person\u2019s attorney under a continuing power of attorney or a power of attorney for personal care; or (c) if there is no attorney, by a friend or relative. (4) Every application for legal aid shall contain such information and shall be accompanied by \u2014 (a) a statement of means and such documents as the Director may require for the purpose of verifying its contents; and (b) such documents as may be required to enable the Director to determine \u2014 (i) the nature of the proceedings in relation to which legal aid is sought and the circumstances in which legal aid is required; (ii) the question whether it is proper that a certificate should be granted; and (iii) the disposable income of the applicant. Regulation 5 SL 23 of 2016\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Grant of certificate in criminal cases 5. (1) In determining in accordance with the Law whether the applicant who has been charged with an offence has the means to retain the services of an attorney-at-law, the Director shall have regard to \u2014 (a) the amount of the applicant\u2019s disposable income; (b) the applicant\u2019s ability to obtain employment; and (c) the likely cost of the proceedings. (2) In the event that \u2014 (a) an assisted person is charged with a Class A offence together with any other class of offence; and (b) the court orders the offences to be tried together, the certificate shall authorise the assisted person to be represented in respect of all the offences. (3) Fees to be paid in respect of an assisted person shall not include fees for an appearance before the Court only for mention. 6. Applicants jointly charged 6. Whenever an applicant is jointly charged, the Director shall consider whether he can properly be represented by the same attorney-at-law as his co-defendants. PART 3 - LEGAL AID IN CIVIL CASES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Application for legal aid in civil proceedings 7. (1) A person who desires legal aid in a civil case may apply for legal aid by using a form issued by the Director and for the purpose of this regulation the provisions of regulation 4(2) and (3) shall apply. (2) Every application for legal aid by a person who desires to take or defend proceedings in the Grand Court shall be supported by the following documents \u2014 (a) a statement of means and such documents as the Director may require for the purpose of verifying its contents; (b) in the case of an intended plaintiff, a statement of the facts giving rise to his claim or the basis upon which he claims to be entitled to relief; (c) in the case of an applicant who is the defendant or respondent in any proceedings \u2014 (i) a copy of the originating process; and (ii) a statement of the facts giving rise to a defence or the basis upon which he opposes the relief sought against him; and Regulation 8 SL 23 of 2016 (d) a copy of any attorney-at-law\u2019s opinion on the merits of his case.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Grant of certificate in civil proceedings 8. (1) A certificate shall be granted if the Director is satisfied that the applicant appears to have a reasonable prospect of succeeding on the merits of the case. (2) In determining whether the applicant has the means to retain the services of an attorney-at-law to represent him in any civil proceedings the Director shall have regard to \u2014 (a) the amount of the applicant\u2019s disposable income; (b) the applicant\u2019s ability to obtain employment; (c) the nature and complexity of the proceedings or intended proceedings; and (d) the likely cost of the proceedings. (3) A certificate may be granted subject to the following conditions \u2014 (a) the assisted person shall pay into the court a sum of money as a contribution towards the cost of his representation; (b) the assisted person shall be limited to taking certain steps in the proceeding; or (c) in any case where an opinion on the merits was not already obtained, the assisted person\u2019s attorney-at-law shall deliver to the Director a written opinion as to the merits of his case. (4) In addition to any condition imposed pursuant to paragraph (3), every certificate shall be deemed to be subject to the following limitations and conditions \u2014 (a) an assisted person may only commence proceedings against the persons named in the certificate; and (b) an assisted person may only assert or defend or respond to the claims and causes of action described in the certificate. (5) The Director shall, when issuing a certificate for legal aid, specify in the certificate the monetary limit on the amount which shall be paid under the certificate and no further amount shall be approved by the Director in respect of the certificate without the prior written consent of the Chief Officer. (6) If, upon conclusion of any proceeding, an assisted person succeeds in obtaining an order for ancillary relief pursuant to section 21 of the Matrimonial Causes Law (2005 Revision) which includes an order for the transfer of property, the variation of any settlement or the payment of periodical payments or a lump sum, the court may order the assisted person to pay a contribution or an additional contribution towards the cost of the legal Regulation 9 SL 23 of 2016 representation and such contribution shall constitute a debt payable to the Government.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Duty of attorney-at-law in civil proceedings 9. (1) When acting for an assisted person, an assigned attorney-at-law shall give his client written advice upon the merits of his case. (2) If an assisted person receives a written offer of settlement from any opposing party, it shall be the duty of his assigned attorney-at-law to give him written advice upon the merits of the offer and, in evaluating the merits of the offer, the attorney-at-law shall not take account of the fact that the assisted person has the benefit of a certificate. (3) If an assigned attorney-at-law forms the opinion that his client has acted unreasonably in refusing to accept an offer of settlement, the assigned attorney-at-law shall inform the Director of this fact; and the Director may terminate the certificate. (4) If judgment is entered or a final order is made in favour of an assisted person and an opposing party commences an appeal against the assisted person, the assisted person\u2019s assigned attorney-at-law shall give him written advice upon the merits of the appeal within fourteen days from the date upon which the grounds of appeal are served. 10. Party and party costs 10. (1) An assigned attorney-at-law shall serve notice of the grant of legal aid to all of the other parties to the proceedings. (2) No order for costs in favour of an assisted person may be made against the Crown. (3) No order for costs against an assisted person in favour of an unassisted party to any proceedings and no order for security for costs against an assisted person may be made in respect of any sum granted by way of legal aid. (4) Where an order for costs is made in favour of an assisted person against an unassisted party to any proceedings, the amount recovered shall be applied \u2014 (a) first, in reimbursing the Government in respect of the remuneration, costs and expenses paid to the assisted person\u2019s attorney-at-law; and (b) second, in reimbursing the assisted person in respect of his contributions. (5) An assigned attorney-at-law shall safeguard the interests of the Government on any inter partes taxation pursuant to an order for costs made in favour of the assisted person. (6) The Government shall be entitled to enforce any order for costs made in favour of an assisted person. Regulation 11 SL 23 of 2016 PART 4 - LEGAL AID GENERALLY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Issue of certificate 11. (1) A certificate may be issued in respect of the whole or part of \u2014 (a) proceedings in any court of first instance; or (b) proceedings in any court hearing an appeal. (2) A certificate shall not relate to proceedings, other than interlocutory appeals, both in a court of first instance and in a court hearing an appeal of the decision made in those proceedings by that court of first instance. (3) Notwithstanding paragraph (2), where legal aid is granted to an applicant for his defence at a preliminary inquiry the Director may, if he thinks fit, issue a certificate in respect of those proceedings and of any subsequent proceedings in the Grand Court which result from his committal for trial in the Grand Court. (4) A certificate shall not relate to more than one prosecution, action, cause or matter, but may include proceedings for the enforcement of any order. (5) In assessing the amount of contribution, if any, payable in respect of any proceedings, the Director shall have regard to the probable costs of the proceedings. (6) Subject to paragraph (7), where an application is approved relating to \u2014 (a) proceedings (other than interlocutory proceedings) in an appellate court in any action, cause or matter, in which the applicant was an assisted person in the court below; or (b) proceedings by way of a new trial ordered by an appellate court before whom the applicant was an assisted person, the Director shall not re-determine the applicant\u2019s disposable income but shall, save as hereinafter provided, assess the amount of contribution, if any, payable in respect of the proceedings at the same amount as determined by the Director in relation to the previous proceedings. (7) If, since the last determination by the Director of the disposable income of the applicant, the applicant\u2019s circumstances have altered otherwise than as a result of the payment of a contribution in respect of the previous proceedings, the Director shall re-determine the applicant\u2019s disposable income and shall take into account any increase or decrease in the amount of his disposable income by an amount greater than one hundred dollars a month. (8) In fixing the method by which any contribution shall be paid, the Director shall have regard to all the circumstances, including the probable length of time which any certificate granted as a result of the application will be in Regulation 12 SL 23 of 2016 force, and may order the contribution to be paid in instalments or the whole or a part of it to be paid before a certificate is issued. (9) After the Director has approved an application for a certificate he shall notify the applicant of \u2014 (a) the amount, if any, of his contribution as determined by him; and (b) the terms upon which a certificate will be issued. (10) An applicant who wishes a certificate to be issued to him on the terms notified to him by the Director shall, within fourteen days of being so notified, signify his acceptance of those terms in a form to be issued by the Director and shall lodge it with the Director. (11) If the terms under paragraph (9) require a contribution to be paid, the applicant shall lodge with the Director an undertaking to pay the contribution by the method stated in the terms and, if the contribution or any part of it is required to be paid before the certificate is issued, shall make that payment accordingly. (12) When an applicant has complied with such of the provisions of paragraphs (10) and (11) as are relevant to his case, the Director shall issue a certificate in a form to be issued by the Director.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of certificate 12. (1) The Director may amend a certificate \u2014 (a) where it appears to the Director that there has been an error or mistake in the certificate; (b) when, in his opinion, it has become desirable either \u2014 (i) for the certificate to extend to other proceedings, being part of the same action, cause or matter to which the certificate relates, or proceedings for the enforcement of any such order; or (ii) for the certificate not to extend to certain of the proceedings in respect of which it was issued; (c) subject to subsection (2), when an assisted person desires to change his assigned attorney-at-law; or (d) when an assigned attorney-at-law gives up an assisted person\u2019s case. (2) An assisted person shall only be able to change his assigned attorney-at-law where the assisted person shows good cause, in the opinion of the Director, for such change and he has obtained the written approval of the Director. (3) The Director shall only give approval to an assisted person to change an assigned attorney-at-law once in any legal aid matter unless the Director believes that there are exceptional circumstances which require another change. Regulation 13 SL 23 of 2016\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Temporary certificate 13. (1) A person who desires legal aid as a matter of urgency may apply to the Director in writing for a temporary certificate. (2) An applicant for a temporary certificate shall give such information as may be necessary to enable the Director to determine whether \u2014 (a) the applicant is likely to fulfil the conditions under which legal aid may be granted under the Law; and (b) it is in the interest of justice that the applicant should, as a matter of urgency, be granted legal aid, and the applicant shall furnish such additional information and documents, if any, as may be sufficient to constitute an application for a legal aid certificate under the Law. (3) If it appears to the Director that the applicant cannot at the time of the application reasonably furnish that information, or any part of it, the Director shall nevertheless have power to issue a temporary certificate subject to such conditions as to the furnishing of additional information as he thinks reasonable. (4) A temporary certificate shall be in a form issued by the Director. (5) A temporary certificate shall have the same effect in all respects as a legal aid certificate. (6) A temporary certificate shall remain in force for a period of twenty-eight days, but the Director may, unless a legal aid certificate has been issued in the meantime in respect of the same proceedings, at his discretion renew the grant of a temporary certificate for not more than two further successive periods of twenty-eight days. (7) If the Director decides to refuse the grant of a legal aid certificate in respect of proceedings to which a temporary certificate relates he shall forthwith revoke the temporary certificate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Discharge and revocation of certificate 14. (1) A certificate may be either discharged or revoked by the Director in the circumstances specified in this regulation. (2) The Director may discharge a certificate \u2014 (a) at any time at the request of the person to whom it is issued; (b) where an assisted person has been required to make a contribution and any payment in respect thereof is more than thirty days in arrears; (c) if he is satisfied that the proceedings to which the certificate relates have been disposed of; Regulation 15 SL 23 of 2016 (d) where he is satisfied that the assisted person has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the revenue of the Islands or has required unreasonably that the proceedings be continued; (e) if he is satisfied that the assisted person unreasonably seeks to dismiss or change his attorney-at-law; or (f) if he is satisfied that the assisted person has died. (3) A certificate shall not be discharged under paragraph (2)(d) until the assisted person has been given an opportunity to show cause why the certificate should not be discharged. (4) The Director shall discharge a certificate if \u2014 (a) as a result of a further determination he is satisfied that the disposable income of an assisted person exceeds twenty thousand dollars; or (b) as a result of any information coming to his knowledge the Director considers that the assisted person no longer has reasonable grounds for taking, defending or being a party to the proceedings or, as the case may be, that it is unreasonable in the particular circumstances for him to continue to receive legal aid. (5) A certificate shall not be discharged under paragraph (4) until the assisted person has been given an opportunity to show cause why the certificate should not be discharged. (6) When the Director revokes or discharges an assisted person\u2019s certificate he shall forthwith issue a notice of discharge or revocation to the assisted person. 15. Effect of discharge and revocation 15. (1) Subject to this regulation and section 36(5) of the Law, a person whose certificate is revoked shall be deemed never to have been an assisted person in the proceedings to which the certificate related, and a person whose certificate is discharged shall, from the date of discharge, cease to be an assisted person in those proceedings. (2) Upon receipt by the assisted person of notice of revocation or discharge of a certificate by the Director or upon revocation or discharge of a certificate by the court, the services of the assigned attorney-at-law acting for the assisted person in proceedings to which the certificate relates shall forthwith determine unless the assisted person agrees to otherwise retain the services of that assigned attorney-at-law. (3) Upon determination of proceedings under this regulation \u2014 (a) the costs of the proceedings to which the certificate related and incurred by or on behalf of the person to whom it was issued, shall, as soon as Regulation 16 SL 23 of 2016 practicable thereafter, be taxed or, as the case may be, assessed in accordance with the Law; and (b) the Government shall remain liable for the payment of any costs so taxed or assessed. (4) Where a certificate has been discharged the person to whom the certificate was issued shall remain liable for the payment of his contribution, if any, as determined by the Director up to the amount paid or payable by the Attorney General under paragraph (3)(b).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Legal aid after commencement of proceedings 16. (1) Where, after proceedings have been instituted in any court, a party becomes an assisted person in regard to those same proceedings, the Government shall only be liable to pay so much of his costs of those proceedings as are incurred while a certificate is in force. (2) An attorney-at-law who has acted in the proceedings on behalf of the assisted person before the date of the certificate, and any attorney-at-law who has, by law, a lien on any documents necessary for the proceedings to which the certificate relates and who has delivered them up subject to the lien of the attorney-at-law may give notice of the fact to the Director.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Certificates; general provisions 17. (1) Where a person has applied for and has been refused a certificate on more than four occasions and it appears to the Director that his conduct has amounted to an abuse of the facilities provided by the Law, the Director may order that no consideration shall be given to any future application by that person for a certificate with regard to any particular matter. (2) No direction under paragraph (1) shall \u2014 (a) apply to any application by that person on behalf of an infant; or (b) remain in force for a period longer than three years. (3) Where it appears to an assigned attorney-at-law that for the proper conduct of the proceedings it is necessary to take or to apply to the court for leave to take any one or more of the following steps, namely \u2014 (a) to add a further party to the proceedings; (b) to request any official record of any proceedings; (c) to lodge an interlocutory appeal; (d) to instruct more than one attorney-at-law; or (e) to set up or set-off any right or claim having the same effect as a crossaction (other than a counter-claim or set-off arising out of the same transaction and capable of being pleaded as a defence), or to reply to any right or claim so set up or so set-off by any other party, Regulation 17 SL 23 of 2016 the attorney-at-law shall (unless the certificate provides for the act in question to be done) apply to the Director for authority so to do, and no payment shall be allowed on taxation for any such step taken without the approval of the Director. (4) The Director may give general or specific authority to an assigned attorney-atlaw in any particular case or class of case to obtain expert opinion and to tender expert evidence, and if so the Director shall state the maximum fee and the maximum travel and other incidental expenses to be paid for any expert report, opinion or expert witness. (5) Where it appears to an assigned attorney-at-law as necessary for the proper conduct of the proceedings either \u2014 (a) to obtain a report or opinion of one or more experts or to tender expert evidence in a case of a class not included in any general authority under paragraph (4); or (b) in a case of a class so included, to pay a higher fee than that stated by the Director or to obtain more reports or opinions or to tender more experts as witnesses than have been authorised, he may apply to the Director for authority so to do and, if the Director gives authority, the Director shall state the maximum number of reports or opinions that may be obtained or the maximum number of persons who may be tendered to give expert evidence and the maximum total fees, including maximum fees for travel and accommodation, to be paid therefor. (6) Except as provided by this regulation, no payment shall be made for a report or opinion of an expert or for an expert\u2019s evidence tendered by or on behalf of an assisted person. (7) Where it appears to an assigned attorney-at-law as necessary for the proper conduct of the proceedings for an act to be done, but that act is either unusual in its nature or involves unusually large expenditure, he may request the Director\u2019s prior approval of the act, and, where such prior approval has been obtained, no question as to the propriety of the act shall be raised on taxation. (8) Without prejudice to the right of an assigned attorney-at-law to discontinue his representation of a person for good reason, any assigned attorney-at-law may discontinue his representation of an assisted person\u2019s case if, in his opinion, the assisted person has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the Government or has required unreasonably that the proceedings be continued. (9) Where an assigned attorney-at-law exercises the right to discontinue his representation of an assisted person \u2014 (a) under paragraph (8); or Regulation 18 SL 23 of 2016 (b) on the ground that the assisted person has wilfully failed to provide the information to be furnished by him or in furnishing such information has knowingly made a false representation, the attorney-at-law shall make a report to the Director of the circumstances in which that right was exercised. (10) An assigned attorney-at-law shall give the Director information regarding the progress and disposal of proceedings to which the certificate relates as the Director may from time to time require for the purpose of performing his functions under the Law and these Regulations; and an assigned attorney-atlaw who has acted, or is acting for an assisted person, on being satisfied that the assisted person has died, shall report the facts to the Director forthwith. (11) An assigned attorney-at-law shall not be precluded, by reason of any privilege arising out of the relationship between the attorney-at-law and client from disclosing to the Director any information or from giving any opinion which may enable the Director to perform his functions under the Law and these Regulations. (12) The Director may at any time, while a certificate is in force, pay to an assigned attorney-at-law such sums as the Director may approve for disbursements to be made by the attorney-at-law in respect of the proceedings to which the certificate relates; and where such approval is obtained, no question shall be raised on taxation as to the propriety of any disbursements made in accordance with such approval. 18. Service 18. (1) Any notice or notification required to be served under any provision of the Law and these Regulations shall be served either personally or by registered post to the last known address of the person required to be served. (2) Whenever an assisted person becomes a party to proceedings, or a party to proceedings becomes an assisted person, the Director shall forthwith serve all other parties with a notice thereof and the assisted person\u2019s attorney-at-law shall, if at any time thereafter any other person becomes a party to the proceedings, forthwith serve a similar notice upon such person. (3) Copies of notices referred to in this regulation shall be filed in the court office and shall form part of the papers for the use of the judge at the trial. Regulation 19 SL 23 of 2016 PART 5 - ASSIGNMENT OF LEGAL AID WORK 19. Roster of attorneys-at-law 19. (1) The Director shall maintain a roster containing the names of listed attorneysat-law willing to act as duty counsel or generally for assisted persons in those matters set out in section 4(1) and (3) of the Law. (2) The Director shall assign work to foreign counsel in accordance with section 21 of the Law. (3) The roster shall contain the following classes of attorneys-at-law \u2014 (a) civil law attorneys-at-law; (b) criminal law attorneys-at-law; and (c) duty counsel. (4) An attorney-at-law may be listed in more than one class. (5) All classes of attorneys-at-law shall make reports to the Director as and when the Director requests. (6) Unless otherwise approved by the Director, when an attorney-at-law has represented or advised an applicant as duty counsel, neither the attorney-at-law nor any of his partners or associates in his firm shall knowingly act for the applicant in the same matter, otherwise than as duty counsel. PART 6 \u2013 REMUNERATION AND TAXATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Remuneration for paralegal services, costs and expenses 20. (1) An assigned attorney-at-law may recover for chambers work done by a paralegal or articled clerk employed by him and the rate of payment for the services of a paralegal or an articled clerk is eighty dollars per hour which is fifty per cent of the one hundred and sixty dollars an hour rate to be paid to assigned attorneys-at-law as specified by section 25 of the Law. (2) An assigned attorney-at-law in a standard legal aid case shall be entitled to reimbursement in respect of fixed fees and ad valorem fees payable pursuant to the Court Fees Rules, 2009, the Summary Court Rules, 2004 or the Matrimonial Causes Rules (2003 Revision). 21. Bills of costs and taxation 21. (1) Upon conclusion of a proceeding, an assigned attorney-at-law when presenting the bill of costs for taxation to the Clerk of the Court under section 28 of the Law, shall submit in support of the bill of costs \u2014 (a) copies of timesheets or other written evidence of the time spent; and Regulation 22 SL 23 of 2016 (b) copies of invoices, receipts, paid cheques or other written evidence of the costs and expenses incurred. (2) In addition to the documents referred to in paragraph (1) the Clerk of the Court may require the assigned attorney-at-law to produce the whole or part of his files relating to the proceeding in respect of which the bill of costs is presented. (3) Upon taxation of an attorney\u2019s bill of costs, the Clerk of the Court shall \u2014 (a) disallow the fee claimed for any item of work which is not authorised by the certificate; (b) disallow reimbursement of any unauthorised costs or expenses; (c) reduce the amount of the fee claimed for any item of work upon which he considers that the assigned attorney-at-law has spent an unnecessary amount of time; (d) disallow the fee claimed for any item of work which he considers to have been done unnecessarily or incompetently performed; (e) disallow reimbursement of any authorised costs and expenses which he considers to have been unreasonably or improperly incurred; and (f) disallow the whole or part of the amount claimed if he is satisfied that the assigned attorney-at-law is in breach of any of the duties specified in regulations 3 or 9. (4) In accordance with section 28 of the Law, having taxed the bill of costs of an assigned attorney-at-law the Clerk of the Court shall issue a certificate of legal aid taxation. (5) If the whole or part of an assisted person\u2019s contribution has been paid into court, the Clerk of the Court shall order that amount to be paid out to the assigned attorney-at-law and the certificate of taxation shall specify the balance, if any, payable by the Treasury. (6) The Clerk of the Court shall send the certificate of legal aid taxation to the assigned attorney-at-law whose duty it shall be to give a copy of it to the assisted person. (7) It shall be the responsibility of the assigned attorney-at-law to present the certificate of legal aid taxation to the Treasury for payment. PART 7 - DISPOSABLE INCOME AND CONTRIBUTIONS 22. Disposable income and legal aid contributions 22. The Schedule shall apply for the purposes of the calculation of \u2014 (a) the disposable income of an applicant for legal aid; and Regulation 23 SL 23 of 2016 (b) the amount of contribution an assisted person will be required to pay under a legal aid certificate. PART 8 - GENERAL 23. Forms 23. The Director shall issue forms to be used under these Regulations after consultation with the Chief Justice. SCHEDULE SL 23 of 2016 SCHEDULE Regulation 22 CALCULATION OF LEGAL AID CONTRIBUTIONS AND DISPOSABLE INCOME 1. (1) A person\u2019s legal aid contribution shall be as calculated under subparagraph (3), (\u201cthe income portion\u201d) referable to his disposable income. (2) An assisted person\u2019s contribution shall be endorsed on his certificate as a single amount. (3) The income portion in relation to an assisted person, is the amount prescribed in the second column of the Table below opposite the relevant bracket of disposable income - TABLE Disposable Income Bracket Income Portion Less than $12,000 Nil $12,000 or more but less than $14,500 $150 $14,500 or more but less than $17,000 $375 $17,000 or more but less than $20,000 $750 2. (1) A person\u2019s disposable income is the aggregate annual gross income of the household of which he is a member, less - (a) $2,000 for that person\u2019s spouse; (b) money actually paid annually by that person (whether or not under a court order) for the support of a person under eighteen years of age who is not a member of that household; (c) $2,000 for each member of that household (whether or not under twentyone years of age) who the Director is satisfied is not financially independent; and (d) rent or mortgage interest not exceeding $9,600 actually paid annually, in respect of the premises where that household lives. (2) In sub-paragraph (1), the words \u201cannual\u201d and \u201cannually\u201d refer to the period of twelve calendar months immediately preceding the date of the application for legal aid or, if in the Director\u2019s opinion to take that period would on account of special circumstances distort the true current financial position of the applicant SCHEDULE SL 23 of 2016 for legal aid, such other period of twelve months as the Director considers it just and proper to take instead. Made by the Cabinet the 20th day of October, 2016 Kim Bullings Clerk of Cabinet These Regulations were approved by the Legislative Assembly on the 27th day of March, 2017 by Government Motion No. 12 of 2016\/17 in compliance with section 42 of the Legal Aid Law, 2015. 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PRELIMINARY\n1.\nCitation ......................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\n3.\nDuty of attorney-at-law and choice of attorney-at-law .................................................................5\nPART 2 - LEGAL AID IN CRIMINAL CASES\n4.\nApplication for legal aid in respect of criminal charges ...............................................................6\n5.\nGrant of certificate in criminal cases ..........................................................................................7\n6.\nApplicants jointly charged ..........................................................................................................7\nPART 3 - LEGAL AID IN CIVIL CASES\n7.\nApplication for legal aid in civil proceedings ...............................................................................7\n8.\nGrant of certificate in civil proceedings .......................................................................................8\n9.\nDuty of attorney-at-law in civil proceedings ................................................................................9\n10.\nParty and party costs .................................................................................................................9\nPART 4 - LEGAL AID GENERALLY\n11.\nIssue of certificate .................................................................................................................... 10\n12.\nAmendment of certificate ......................................................................................................... 11\n13.\nTemporary certificate ............................................................................................................... 12\n14.\nDischarge and revocation of certificate .................................................................................... 12\n15.\nEffect of discharge and revocation ........................................................................................... 13\n\nArrangement of Regulations\nLegal Aid Regulations, 2016\n\nPage 4\nSL 23 of 2016\nc\n\n16.\nLegal aid after commencement of proceedings ........................................................................ 14\n17.\nCertificates; general provisions ................................................................................................ 14\n18.\nService .................................................................................................................................... 16\nPART 5 - ASSIGNMENT OF LEGAL AID WORK\n19.\nRoster of attorneys-at-law ........................................................................................................ 17\nPART 6 \u2013 REMUNERATION AND TAXATION\n20.\nRemuneration for paralegal services, costs and expenses ....................................................... 17\n21.\nBills of costs and taxation ........................................................................................................ 17\nPART 7 - DISPOSABLE INCOME AND CONTRIBUTIONS\n22.\nDisposable income and legal aid contributions......................................................................... 18\nPART 8 - GENERAL\n23.\nForms ...................................................................................................................................... 19\nSCHEDULE\n21\nCALCULATION OF LEGAL AID CONTRIBUTIONS AND DISPOSABLE INCOME\n21\n\nLegal Aid Regulations, 2016\nRegulation 1\n\nc\nSL 23 of 2016\nPage 5\n\nCAYMAN ISLANDS\n\nLegal Aid Law, 2015\nLEGAL AID REGULATIONS, 2016\n(SL 23 of 2016)\nIn accordance with the powers conferred by section 42 of the Legal Aid Law, 2015, the\nCabinet, after consultation with the Chief Justice, makes the following Regulations \u2014\nPART 1 - PRELIMINARY\n1.\nCitation\n1.\nThese Regulations may be cited as the Legal Aid Regulations, 2016.\n2.\nDefinitions\n2.\nIn these Regulations \u2014\n\u201ccertificate\u201d includes a temporary certificate granted under section 17(5) of\nthe Law;\n\u201cLaw\u201d means the Legal Aid Law, 2015; and\n\u201cmention\u201d means an appearance before the Court by any person solely for the\npurpose of being further remanded.\n3.\nDuty of attorney-at-law and choice of attorney-at-law\n3.\n(1) Every attorney-at-law, before agreeing to act for any person, shall consider\nwhether such person may be eligible for legal aid and, if so, the attorney-atlaw shall advise the person to make an application for the grant of legal aid.\n(2) An attorney-at-law shall not agree to act in consideration of any fee or accept\nany fee from a person who appears to be eligible for legal aid unless \u2014\n\nRegulation 4\nLegal Aid Regulations, 2016\n\nPage 6\nSL 23 of 2016\nc\n\n(a)\nthe attorney-at-law has first given such person written advice to the effect\nthat he appears to be eligible for legal aid and the person has made an\ninformed decision not to apply for legal aid; or\n(b) the person has applied for legal aid and his application has been rejected.\n(3) Every assigned attorney-at-law shall keep accurate records of \u2014\n(a)\nthe advice given;\n(b) the work done;\n(c)\nthe time spent; and\n(d) the disbursements made in the course of conducting any criminal or civil\nproceedings on behalf of an assisted person.\nPART 2 - LEGAL AID IN CRIMINAL CASES\n4.\nApplication for legal aid in respect of criminal charges\n4.\n(1) A person who desires legal aid in a criminal case may apply for legal aid by\nusing a form issued by the Director.\n(2) An application for legal aid for a child may be made by a parent or guardian\non the child\u2019s behalf.\n(3) An application for legal aid for a mentally or physically incapable person may\nbe made on his behalf \u2014\n(a)\nby the person\u2019s guardian;\n(b) if there is no guardian, by the person\u2019s attorney under a continuing power\nof attorney or a power of attorney for personal care; or\n(c)\nif there is no attorney, by a friend or relative.\n(4) Every application for legal aid shall contain such information and shall be\naccompanied by \u2014\n(a)\na statement of means and such documents as the Director may require for\nthe purpose of verifying its contents; and\n(b) such documents as may be required to enable the Director to\ndetermine \u2014\n(i)\nthe nature of the proceedings in relation to which legal aid is sought\nand the circumstances in which legal aid is required;\n(ii) the question whether it is proper that a certificate should be\ngranted; and\n(iii) the disposable income of the applicant.\n\nLegal Aid Regulations, 2016\nRegulation 5\n\nc\nSL 23 of 2016\nPage 7\n\n5.\nGrant of certificate in criminal cases\n5.\n(1) In determining in accordance with the Law whether the applicant who has\nbeen charged with an offence has the means to retain the services of an\nattorney-at-law, the Director shall have regard to \u2014\n(a)\nthe amount of the applicant\u2019s disposable income;\n(b) the applicant\u2019s ability to obtain employment; and\n(c)\nthe likely cost of the proceedings.\n(2) In the event that \u2014\n(a)\nan assisted person is charged with a Class A offence together with any\nother class of offence; and\n(b) the court orders the offences to be tried together,\nthe certificate shall authorise the assisted person to be represented in respect of\nall the offences.\n(3) Fees to be paid in respect of an assisted person shall not include fees for an\nappearance before the Court only for mention.\n6.\nApplicants jointly charged\n6.\nWhenever an applicant is jointly charged, the Director shall consider whether he can\nproperly be represented by the same attorney-at-law as his co-defendants.\nPART 3 - LEGAL AID IN CIVIL CASES\n7.\nApplication for legal aid in civil proceedings\n7.\n(1) A person who desires legal aid in a civil case may apply for legal aid by using\na form issued by the Director and for the purpose of this regulation the\nprovisions of regulation 4(2) and (3) shall apply.\n(2) Every application for legal aid by a person who desires to take or defend\nproceedings in the Grand Court shall be supported by the following\ndocuments \u2014\n(a)\na statement of means and such documents as the Director may require for\nthe purpose of verifying its contents;\n(b) in the case of an intended plaintiff, a statement of the facts giving rise to\nhis claim or the basis upon which he claims to be entitled to relief;\n(c)\nin the case of an applicant who is the defendant or respondent in any\nproceedings \u2014\n(i)\na copy of the originating process; and\n(ii) a statement of the facts giving rise to a defence or the basis upon\nwhich he opposes the relief sought against him; and\n\nRegulation 8\nLegal Aid Regulations, 2016\n\nPage 8\nSL 23 of 2016\nc\n\n(d) a copy of any attorney-at-law\u2019s opinion on the merits of his case.\n8.\nGrant of certificate in civil proceedings\n8.\n(1) A certificate shall be granted if the Director is satisfied that the applicant\nappears to have a reasonable prospect of succeeding on the merits of the case.\n(2) In determining whether the applicant has the means to retain the services of an\nattorney-at-law to represent him in any civil proceedings the Director shall\nhave regard to \u2014\n(a)\nthe amount of the applicant\u2019s disposable income;\n(b) the applicant\u2019s ability to obtain employment;\n(c)\nthe\nnature\nand\ncomplexity\nof\nthe\nproceedings\nor\nintended\nproceedings; and\n(d) the likely cost of the proceedings.\n(3) A certificate may be granted subject to the following conditions \u2014\n(a)\nthe assisted person shall pay into the court a sum of money as a\ncontribution towards the cost of his representation;\n(b) the assisted person shall be limited to taking certain steps in the\nproceeding; or\n(c)\nin any case where an opinion on the merits was not already obtained, the\nassisted person\u2019s attorney-at-law shall deliver to the Director a written\nopinion as to the merits of his case.\n(4) In addition to any condition imposed pursuant to paragraph (3), every\ncertificate shall be deemed to be subject to the following limitations and\nconditions \u2014\n(a)\nan assisted person may only commence proceedings against the persons\nnamed in the certificate; and\n(b) an assisted person may only assert or defend or respond to the claims and\ncauses of action described in the certificate.\n(5) The Director shall, when issuing a certificate for legal aid, specify in the\ncertificate the monetary limit on the amount which shall be paid under the\ncertificate and no further amount shall be approved by the Director in respect\nof the certificate without the prior written consent of the Chief Officer.\n(6) If, upon conclusion of any proceeding, an assisted person succeeds in\nobtaining an order for ancillary relief pursuant to section 21 of the\nMatrimonial Causes Law (2005 Revision) which includes an order for the\ntransfer of property, the variation of any settlement or the payment of\nperiodical payments or a lump sum, the court may order the assisted person to\npay a contribution or an additional contribution towards the cost of the legal\n\nLegal Aid Regulations, 2016\nRegulation 9\n\nc\nSL 23 of 2016\nPage 9\n\nrepresentation and such contribution shall constitute a debt payable to the\nGovernment.\n9.\nDuty of attorney-at-law in civil proceedings\n9.\n(1) When acting for an assisted person, an assigned attorney-at-law shall give his\nclient written advice upon the merits of his case.\n(2) If an assisted person receives a written offer of settlement from any opposing\nparty, it shall be the duty of his assigned attorney-at-law to give him written\nadvice upon the merits of the offer and, in evaluating the merits of the offer,\nthe attorney-at-law shall not take account of the fact that the assisted person\nhas the benefit of a certificate.\n(3) If an assigned attorney-at-law forms the opinion that his client has acted\nunreasonably in refusing to accept an offer of settlement, the assigned\nattorney-at-law shall inform the Director of this fact; and the Director may\nterminate the certificate.\n(4) If judgment is entered or a final order is made in favour of an assisted person\nand an opposing party commences an appeal against the assisted person, the\nassisted person\u2019s assigned attorney-at-law shall give him written advice upon\nthe merits of the appeal within fourteen days from the date upon which the\ngrounds of appeal are served.\n10.\nParty and party costs\n10. (1) An assigned attorney-at-law shall serve notice of the grant of legal aid to all of\nthe other parties to the proceedings.\n(2) No order for costs in favour of an assisted person may be made against the\nCrown.\n(3) No order for costs against an assisted person in favour of an unassisted party to\nany proceedings and no order for security for costs against an assisted person\nmay be made in respect of any sum granted by way of legal aid.\n(4) Where an order for costs is made in favour of an assisted person against an\nunassisted party to any proceedings, the amount recovered shall be applied \u2014\n(a)\nfirst, in reimbursing the Government in respect of the remuneration, costs\nand expenses paid to the assisted person\u2019s attorney-at-law; and\n(b) second, in reimbursing the assisted person in respect of his contributions.\n(5) An assigned attorney-at-law shall safeguard the interests of the Government on\nany inter partes taxation pursuant to an order for costs made in favour of the\nassisted person.\n(6) The Government shall be entitled to enforce any order for costs made in\nfavour of an assisted person.\n\nRegulation 11\nLegal Aid Regulations, 2016\n\nPage 10\nSL 23 of 2016\nc\n\nPART 4 - LEGAL AID GENERALLY\n11.\nIssue of certificate\n11. (1) A certificate may be issued in respect of the whole or part of \u2014\n(a)\nproceedings in any court of first instance; or\n(b) proceedings in any court hearing an appeal.\n(2) A certificate shall not relate to proceedings, other than interlocutory appeals,\nboth in a court of first instance and in a court hearing an appeal of the decision\nmade in those proceedings by that court of first instance.\n(3) Notwithstanding paragraph (2), where legal aid is granted to an applicant for\nhis defence at a preliminary inquiry the Director may, if he thinks fit, issue a\ncertificate in respect of those proceedings and of any subsequent proceedings\nin the Grand Court which result from his committal for trial in the Grand\nCourt.\n(4) A certificate shall not relate to more than one prosecution, action, cause or\nmatter, but may include proceedings for the enforcement of any order.\n(5) In assessing the amount of contribution, if any, payable in respect of any\nproceedings, the Director shall have regard to the probable costs of the\nproceedings.\n(6) Subject to paragraph (7), where an application is approved relating to \u2014\n(a)\nproceedings (other than interlocutory proceedings) in an appellate court\nin any action, cause or matter, in which the applicant was an assisted\nperson in the court below; or\n(b) proceedings by way of a new trial ordered by an appellate court before\nwhom the applicant was an assisted person,\nthe Director shall not re-determine the applicant\u2019s disposable income but shall,\nsave as hereinafter provided, assess the amount of contribution, if any, payable\nin respect of the proceedings at the same amount as determined by the Director\nin relation to the previous proceedings.\n(7) If, since the last determination by the Director of the disposable income of the\napplicant, the applicant\u2019s circumstances have altered otherwise than as a result\nof the payment of a contribution in respect of the previous proceedings, the\nDirector shall re-determine the applicant\u2019s disposable income and shall take\ninto account any increase or decrease in the amount of his disposable income\nby an amount greater than one hundred dollars a month.\n(8) In fixing the method by which any contribution shall be paid, the Director\nshall have regard to all the circumstances, including the probable length of\ntime which any certificate granted as a result of the application will be in\n\nLegal Aid Regulations, 2016\nRegulation 12\n\nc\nSL 23 of 2016\nPage 11\n\nforce, and may order the contribution to be paid in instalments or the whole or\na part of it to be paid before a certificate is issued.\n(9) After the Director has approved an application for a certificate he shall notify\nthe applicant of \u2014\n(a)\nthe amount, if any, of his contribution as determined by him; and\n(b) the terms upon which a certificate will be issued.\n(10) An applicant who wishes a certificate to be issued to him on the terms notified\nto him by the Director shall, within fourteen days of being so notified, signify\nhis acceptance of those terms in a form to be issued by the Director and shall\nlodge it with the Director.\n(11) If the terms under paragraph (9) require a contribution to be paid, the applicant\nshall lodge with the Director an undertaking to pay the contribution by the\nmethod stated in the terms and, if the contribution or any part of it is required\nto be paid before the certificate is issued, shall make that payment accordingly.\n(12) When an applicant has complied with such of the provisions of paragraphs\n(10) and (11) as are relevant to his case, the Director shall issue a certificate in\na form to be issued by the Director.\n12.\nAmendment of certificate\n12. (1) The Director may amend a certificate \u2014\n(a)\nwhere it appears to the Director that there has been an error or mistake in\nthe certificate;\n(b) when, in his opinion, it has become desirable either \u2014\n(i)\nfor the certificate to extend to other proceedings, being part of the\nsame action, cause or matter to which the certificate relates, or\nproceedings for the enforcement of any such order; or\n(ii) for the certificate not to extend to certain of the proceedings in\nrespect of which it was issued;\n(c)\nsubject to subsection (2), when an assisted person desires to change his\nassigned attorney-at-law; or\n(d) when an assigned attorney-at-law gives up an assisted person\u2019s case.\n(2) An assisted person shall only be able to change his assigned attorney-at-law\nwhere the assisted person shows good cause, in the opinion of the Director, for\nsuch change and he has obtained the written approval of the Director.\n(3) The Director shall only give approval to an assisted person to change an\nassigned attorney-at-law once in any legal aid matter unless the Director\nbelieves that there are exceptional circumstances which require another\nchange.\n\nRegulation 13\nLegal Aid Regulations, 2016\n\nPage 12\nSL 23 of 2016\nc\n\n13.\nTemporary certificate\n13. (1) A person who desires legal aid as a matter of urgency may apply to the\nDirector in writing for a temporary certificate.\n(2) An applicant for a temporary certificate shall give such information as may be\nnecessary to enable the Director to determine whether \u2014\n(a)\nthe applicant is likely to fulfil the conditions under which legal aid may\nbe granted under the Law; and\n(b) it is in the interest of justice that the applicant should, as a matter of\nurgency, be granted legal aid,\nand the applicant shall furnish such additional information and documents, if\nany, as may be sufficient to constitute an application for a legal aid certificate\nunder the Law.\n(3) If it appears to the Director that the applicant cannot at the time of the\napplication reasonably furnish that information, or any part of it, the Director\nshall nevertheless have power to issue a temporary certificate subject to such\nconditions as to the furnishing of additional information as he thinks\nreasonable.\n(4) A temporary certificate shall be in a form issued by the Director.\n(5) A temporary certificate shall have the same effect in all respects as a legal aid\ncertificate.\n(6) A temporary certificate shall remain in force for a period of twenty-eight days,\nbut the Director may, unless a legal aid certificate has been issued in the\nmeantime in respect of the same proceedings, at his discretion renew the grant\nof a temporary certificate for not more than two further successive periods of\ntwenty-eight days.\n(7) If the Director decides to refuse the grant of a legal aid certificate in respect of\nproceedings to which a temporary certificate relates he shall forthwith revoke\nthe temporary certificate.\n14.\nDischarge and revocation of certificate\n14. (1) A certificate may be either discharged or revoked by the Director in the\ncircumstances specified in this regulation.\n(2) The Director may discharge a certificate \u2014\n(a)\nat any time at the request of the person to whom it is issued;\n(b) where an assisted person has been required to make a contribution and\nany payment in respect thereof is more than thirty days in arrears;\n(c)\nif he is satisfied that the proceedings to which the certificate relates have\nbeen disposed of;\n\nLegal Aid Regulations, 2016\nRegulation 15\n\nc\nSL 23 of 2016\nPage 13\n\n(d) where he is satisfied that the assisted person has required the proceedings\nto be conducted unreasonably so as to incur an unjustifiable expense to\nthe revenue of the Islands or has required unreasonably that the\nproceedings be continued;\n(e)\nif he is satisfied that the assisted person unreasonably seeks to dismiss or\nchange his attorney-at-law; or\n(f)\nif he is satisfied that the assisted person has died.\n(3) A certificate shall not be discharged under paragraph (2)(d) until the assisted\nperson has been given an opportunity to show cause why the certificate should\nnot be discharged.\n(4) The Director shall discharge a certificate if \u2014\n(a)\nas a result of a further determination he is satisfied that the disposable\nincome of an assisted person exceeds twenty thousand dollars; or\n(b) as a result of any information coming to his knowledge the Director\nconsiders that the assisted person no longer has reasonable grounds for\ntaking, defending or being a party to the proceedings or, as the case may\nbe, that it is unreasonable in the particular circumstances for him to\ncontinue to receive legal aid.\n(5) A certificate shall not be discharged under paragraph (4) until the assisted\nperson has been given an opportunity to show cause why the certificate should\nnot be discharged.\n(6) When the Director revokes or discharges an assisted person\u2019s certificate he\nshall forthwith issue a notice of discharge or revocation to the assisted person.\n15.\nEffect of discharge and revocation\n15. (1) Subject to this regulation and section 36(5) of the Law, a person whose\ncertificate is revoked shall be deemed never to have been an assisted person in\nthe proceedings to which the certificate related, and a person whose certificate\nis discharged shall, from the date of discharge, cease to be an assisted person\nin those proceedings.\n(2) Upon receipt by the assisted person of notice of revocation or discharge of a\ncertificate by the Director or upon revocation or discharge of a certificate by\nthe court, the services of the assigned attorney-at-law acting for the assisted\nperson in proceedings to which the certificate relates shall forthwith determine\nunless the assisted person agrees to otherwise retain the services of that\nassigned attorney-at-law.\n(3) Upon determination of proceedings under this regulation \u2014\n(a)\nthe costs of the proceedings to which the certificate related and incurred\nby or on behalf of the person to whom it was issued, shall, as soon as\n\nRegulation 16\nLegal Aid Regulations, 2016\n\nPage 14\nSL 23 of 2016\nc\n\npracticable thereafter, be taxed or, as the case may be, assessed in\naccordance with the Law; and\n(b) the Government shall remain liable for the payment of any costs so taxed\nor assessed.\n(4) Where a certificate has been discharged the person to whom the certificate was\nissued shall remain liable for the payment of his contribution, if any, as\ndetermined by the Director up to the amount paid or payable by the Attorney\nGeneral under paragraph (3)(b).\n16.\nLegal aid after commencement of proceedings\n16. (1) Where, after proceedings have been instituted in any court, a party becomes an\nassisted person in regard to those same proceedings, the Government shall\nonly be liable to pay so much of his costs of those proceedings as are incurred\nwhile a certificate is in force.\n(2) An attorney-at-law who has acted in the proceedings on behalf of the assisted\nperson before the date of the certificate, and any attorney-at-law who has, by\nlaw, a lien on any documents necessary for the proceedings to which the\ncertificate relates and who has delivered them up subject to the lien of the\nattorney-at-law may give notice of the fact to the Director.\n17.\nCertificates; general provisions\n17. (1) Where a person has applied for and has been refused a certificate on more than\nfour occasions and it appears to the Director that his conduct has amounted to\nan abuse of the facilities provided by the Law, the Director may order that no\nconsideration shall be given to any future application by that person for a\ncertificate with regard to any particular matter.\n(2) No direction under paragraph (1) shall \u2014\n(a)\napply to any application by that person on behalf of an infant; or\n(b) remain in force for a period longer than three years.\n(3) Where it appears to an assigned attorney-at-law that for the proper conduct of\nthe proceedings it is necessary to take or to apply to the court for leave to take\nany one or more of the following steps, namely \u2014\n(a)\nto add a further party to the proceedings;\n(b) to request any official record of any proceedings;\n(c)\nto lodge an interlocutory appeal;\n(d) to instruct more than one attorney-at-law; or\n(e)\nto set up or set-off any right or claim having the same effect as a crossaction (other than a counter-claim or set-off arising out of the same\ntransaction and capable of being pleaded as a defence), or to reply to any\nright or claim so set up or so set-off by any other party,\n\nLegal Aid Regulations, 2016\nRegulation 17\n\nc\nSL 23 of 2016\nPage 15\n\nthe attorney-at-law shall (unless the certificate provides for the act in question\nto be done) apply to the Director for authority so to do, and no payment shall\nbe allowed on taxation for any such step taken without the approval of the\nDirector.\n(4) The Director may give general or specific authority to an assigned attorney-atlaw in any particular case or class of case to obtain expert opinion and to\ntender expert evidence, and if so the Director shall state the maximum fee and\nthe maximum travel and other incidental expenses to be paid for any expert\nreport, opinion or expert witness.\n(5) Where it appears to an assigned attorney-at-law as necessary for the proper\nconduct of the proceedings either \u2014\n(a)\nto obtain a report or opinion of one or more experts or to tender expert\nevidence in a case of a class not included in any general authority under\nparagraph (4); or\n(b) in a case of a class so included, to pay a higher fee than that stated by the\nDirector or to obtain more reports or opinions or to tender more experts\nas witnesses than have been authorised,\nhe may apply to the Director for authority so to do and, if the Director gives\nauthority, the Director shall state the maximum number of reports or opinions\nthat may be obtained or the maximum number of persons who may be\ntendered to give expert evidence and the maximum total fees, including\nmaximum fees for travel and accommodation, to be paid therefor.\n(6) Except as provided by this regulation, no payment shall be made for a report\nor opinion of an expert or for an expert\u2019s evidence tendered by or on behalf of\nan assisted person.\n(7) Where it appears to an assigned attorney-at-law as necessary for the proper\nconduct of the proceedings for an act to be done, but that act is either unusual\nin its nature or involves unusually large expenditure, he may request the\nDirector\u2019s prior approval of the act, and, where such prior approval has been\nobtained, no question as to the propriety of the act shall be raised on taxation.\n(8) Without prejudice to the right of an assigned attorney-at-law to discontinue his\nrepresentation of a person for good reason, any assigned attorney-at-law may\ndiscontinue his representation of an assisted person\u2019s case if, in his opinion,\nthe assisted person has required the proceedings to be conducted unreasonably\nso as to incur an unjustifiable expense to the Government or has required\nunreasonably that the proceedings be continued.\n(9) Where an assigned attorney-at-law exercises the right to discontinue his\nrepresentation of an assisted person \u2014\n(a)\nunder paragraph (8); or\n\nRegulation 18\nLegal Aid Regulations, 2016\n\nPage 16\nSL 23 of 2016\nc\n\n(b) on the ground that the assisted person has wilfully failed to provide the\ninformation to be furnished by him or in furnishing such information has\nknowingly made a false representation,\nthe attorney-at-law shall make a report to the Director of the circumstances in\nwhich that right was exercised.\n(10) An assigned attorney-at-law shall give the Director information regarding the\nprogress and disposal of proceedings to which the certificate relates as the\nDirector may from time to time require for the purpose of performing his\nfunctions under the Law and these Regulations; and an assigned attorney-atlaw who has acted, or is acting for an assisted person, on being satisfied that\nthe assisted person has died, shall report the facts to the Director forthwith.\n(11) An assigned attorney-at-law shall not be precluded, by reason of any privilege\narising out of the relationship between the attorney-at-law and client from\ndisclosing to the Director any information or from giving any opinion which\nmay enable the Director to perform his functions under the Law and these\nRegulations.\n(12) The Director may at any time, while a certificate is in force, pay to an assigned\nattorney-at-law such sums as the Director may approve for disbursements to\nbe made by the attorney-at-law in respect of the proceedings to which the\ncertificate relates; and where such approval is obtained, no question shall be\nraised on taxation as to the propriety of any disbursements made in accordance\nwith such approval.\n18.\nService\n18. (1) Any notice or notification required to be served under any provision of the\nLaw and these Regulations shall be served either personally or by registered\npost to the last known address of the person required to be served.\n(2) Whenever an assisted person becomes a party to proceedings, or a party to\nproceedings becomes an assisted person, the Director shall forthwith serve all\nother parties with a notice thereof and the assisted person\u2019s attorney-at-law\nshall, if at any time thereafter any other person becomes a party to the\nproceedings, forthwith serve a similar notice upon such person.\n(3) Copies of notices referred to in this regulation shall be filed in the court office\nand shall form part of the papers for the use of the judge at the trial.\n\nLegal Aid Regulations, 2016\nRegulation 19\n\nc\nSL 23 of 2016\nPage 17\n\nPART 5 - ASSIGNMENT OF LEGAL AID WORK\n19.\nRoster of attorneys-at-law\n19. (1) The Director shall maintain a roster containing the names of listed attorneysat-law willing to act as duty counsel or generally for assisted persons in those\nmatters set out in section 4(1) and (3) of the Law.\n(2) The Director shall assign work to foreign counsel in accordance with\nsection 21 of the Law.\n(3) The roster shall contain the following classes of attorneys-at-law \u2014\n(a)\ncivil law attorneys-at-law;\n(b) criminal law attorneys-at-law; and\n(c)\nduty counsel.\n(4) An attorney-at-law may be listed in more than one class.\n(5) All classes of attorneys-at-law shall make reports to the Director as and when\nthe Director requests.\n(6) Unless otherwise approved by the Director, when an attorney-at-law has\nrepresented or advised an applicant as duty counsel, neither the attorney-at-law\nnor any of his partners or associates in his firm shall knowingly act for the\napplicant in the same matter, otherwise than as duty counsel.\nPART 6 \u2013 REMUNERATION AND TAXATION\n20.\nRemuneration for paralegal services, costs and expenses\n20. (1) An assigned attorney-at-law may recover for chambers work done by a\nparalegal or articled clerk employed by him and the rate of payment for the\nservices of a paralegal or an articled clerk is eighty dollars per hour which is\nfifty per cent of the one hundred and sixty dollars an hour rate to be paid to\nassigned attorneys-at-law as specified by section 25 of the Law.\n(2) An assigned attorney-at-law in a standard legal aid case shall be entitled to\nreimbursement in respect of fixed fees and ad valorem fees payable pursuant\nto the Court Fees Rules, 2009, the Summary Court Rules, 2004 or the\nMatrimonial Causes Rules (2003 Revision).\n21.\nBills of costs and taxation\n21. (1) Upon conclusion of a proceeding, an assigned attorney-at-law when presenting\nthe bill of costs for taxation to the Clerk of the Court under section 28 of the\nLaw, shall submit in support of the bill of costs \u2014\n(a)\ncopies of timesheets or other written evidence of the time spent; and\n\nRegulation 22\nLegal Aid Regulations, 2016\n\nPage 18\nSL 23 of 2016\nc\n\n(b) copies of invoices, receipts, paid cheques or other written evidence of the\ncosts and expenses incurred.\n(2) In addition to the documents referred to in paragraph (1) the Clerk of the Court\nmay require the assigned attorney-at-law to produce the whole or part of his\nfiles relating to the proceeding in respect of which the bill of costs is\npresented.\n(3) Upon taxation of an attorney\u2019s bill of costs, the Clerk of the Court shall \u2014\n(a)\ndisallow the fee claimed for any item of work which is not authorised by\nthe certificate;\n(b) disallow reimbursement of any unauthorised costs or expenses;\n(c)\nreduce the amount of the fee claimed for any item of work upon which he\nconsiders that the assigned attorney-at-law has spent an unnecessary\namount of time;\n(d) disallow the fee claimed for any item of work which he considers to have\nbeen done unnecessarily or incompetently performed;\n(e)\ndisallow reimbursement of any authorised costs and expenses which he\nconsiders to have been unreasonably or improperly incurred; and\n(f)\ndisallow the whole or part of the amount claimed if he is satisfied that the\nassigned attorney-at-law is in breach of any of the duties specified in\nregulations 3 or 9.\n(4) In accordance with section 28 of the Law, having taxed the bill of costs of an\nassigned attorney-at-law the Clerk of the Court shall issue a certificate of legal\naid taxation.\n(5) If the whole or part of an assisted person\u2019s contribution has been paid into\ncourt, the Clerk of the Court shall order that amount to be paid out to the\nassigned attorney-at-law and the certificate of taxation shall specify the\nbalance, if any, payable by the Treasury.\n(6) The Clerk of the Court shall send the certificate of legal aid taxation to the\nassigned attorney-at-law whose duty it shall be to give a copy of it to the\nassisted person.\n(7) It shall be the responsibility of the assigned attorney-at-law to present the\ncertificate of legal aid taxation to the Treasury for payment.\nPART 7 - DISPOSABLE INCOME AND CONTRIBUTIONS\n22.\nDisposable income and legal aid contributions\n22. The Schedule shall apply for the purposes of the calculation of \u2014\n(a)\nthe disposable income of an applicant for legal aid; and\n\nLegal Aid Regulations, 2016\nRegulation 23\n\nc\nSL 23 of 2016\nPage 19\n\n(b) the amount of contribution an assisted person will be required to pay\nunder a legal aid certificate.\nPART 8 - GENERAL\n23.\nForms\n23. The Director shall issue forms to be used under these Regulations after consultation\nwith the Chief Justice.\n\nLegal Aid Regulations, 2016\nSCHEDULE\n\nc\nSL 23 of 2016\nPage 21\n\n SCHEDULE\nRegulation 22\nCALCULATION OF LEGAL AID CONTRIBUTIONS AND DISPOSABLE\nINCOME\n1.\n(1) A person\u2019s legal aid contribution shall be as calculated under subparagraph (3), (\u201cthe income portion\u201d) referable to his disposable income.\n(2) An assisted person\u2019s contribution shall be endorsed on his certificate as a\nsingle amount.\n(3) The income portion in relation to an assisted person, is the amount prescribed\nin the second column of the Table below opposite the relevant bracket of\ndisposable income -\nTABLE\nDisposable Income Bracket\nIncome Portion\nLess than $12,000\nNil\n$12,000 or more but less than $14,500\n$150\n$14,500 or more but less than $17,000\n$375\n$17,000 or more but less than $20,000\n$750\n2.\n(1) A person\u2019s disposable income is the aggregate annual gross income of the\nhousehold of which he is a member, less -\n(a)\n$2,000 for that person\u2019s spouse;\n(b) money actually paid annually by that person (whether or not under a\ncourt order) for the support of a person under eighteen years of age who\nis not a member of that household;\n(c)\n$2,000 for each member of that household (whether or not under twentyone years of age) who the Director is satisfied is not financially\nindependent; and\n(d) rent or mortgage interest not exceeding $9,600 actually paid annually,\nin respect of the premises where that household lives.\n(2) In sub-paragraph (1), the words \u201cannual\u201d and \u201cannually\u201d refer to the period of\ntwelve calendar months immediately preceding the date of the application for\nlegal aid or, if in the Director\u2019s opinion to take that period would on account of\nspecial circumstances distort the true current financial position of the applicant\n\nSCHEDULE\nLegal Aid Regulations, 2016\n\nPage 22\nSL 23 of 2016\nc\n\nfor legal aid, such other period of twelve months as the Director considers it\njust and proper to take instead.\nMade by the Cabinet the 20th day of October, 2016\nKim Bullings\nClerk of Cabinet\nThese Regulations were approved by the Legislative Assembly on the 27th day of\nMarch, 2017 by Government Motion No. 12 of 2016\/17 in compliance with\nsection 42 of the Legal Aid Law, 2015.\nZena Merren- Chin\nClerk of the Legislative Assembly","akn_extracted_at":"2026-06-22 15:38:46.387506+00","cms_id":"2017-0023","law_type":"subordinate","year":"2017","number":"23","title":"Legal Aid Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5253","expr_id":"348","kind":"akn_xml","filename":"2017-0023_SL 23 of 2017.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0023\/2017-0023_SL 23 of 2017.akn.xml","content_md5":"e954f8008224d028f45cb2cd1b42b38a","byte_size":"39297","http_last_modified":null,"fetched_at":"2026-06-22 15:38:46.60711+00"},{"file_id":"695","expr_id":"348","kind":"pristine_pdf","filename":"2017-0023_SL 23 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0023\/2017-0023_SL 23 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2017\/2017-0023\/2017-0023_SL 23 of 2017.pdf","content_md5":"6f18c77d8ff9ecc16873e00ab9770cf7","byte_size":"495291","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.920486+00"},{"file_id":"696","expr_id":"348","kind":"working_pdf","filename":"2017-0023_SL 23 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0023\/2017-0023_SL 23 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0023\/2017-0023_SL 23 of 2017.pdf","content_md5":"6f18c77d8ff9ecc16873e00ab9770cf7","byte_size":"495291","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.920486+00"}],"paragraph_count":15,"latest_history":null},"quality":{"expr_id":"348","doc_id":"348","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{title_mismatch,other}","repair_actions":"{collapse_duplicate_text,manual_review,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Metadata label mismatch and substantial omitted content require review; otherwise extraction appears clean of OCR or formatting noise.","assessed_at":"2026-06-22 15:29:45.764704+00","updated_at":"2026-06-22 15:29:45.764704+00"}}