Access to Legal Aid - Seychelles

Access to legal aid for women in Seychelles

Legal aid is offered to those who cannot afford to pay for court representation. Legal aid can also cover fees for the drafting of plaints and petitions and advice given by a legal practitioner.

Can anyone apply for legal aid?

Legal aid is available to any person who has any civil and case and any person charged with an offence before the Magistrates’ Court, Supreme Court and the Court of Appeal. Legal aid, however, is granted to any person whose disposable income does not exceed SR. 6000.

If the value of the disposable income exceeds this amount, the applicant may be refused legal aid, however, they can appeal this decision to the Chief Justice.

Legal aid application is approved by a judge (the judge in charge of the criminal division of the Supreme Court and during his absence by the Chief Justice. In case both are absent any other judges can approve or refuse the legal aid).

Once the legal aid is approved a legal aid certificate with the lawyer’s name, address and telephone number is prepared by the law clerks in the criminal registry of the Supreme Court and if it has been refused a letter is prepared and sent to the applicant(s).

Applying for legal aid

The applicant has to fill in a form which is available at the Criminal Registry at the Supreme Court.

The following information will have to be provided:

• The name and address of the applicant
• The marital status of the applicant
• The applicant’s occupation
• The income and that of the spouse
• Any other expenses being paid on a monthly basis
• The name and age of any dependants
• List of applicants’ assets and the applicant’s spouse as well
• Nature of the legal aid sought
• Particulars of any previous legal aid granted
• Where the person is under 18 years in age, whether the person’s parents or guardian would be willing to provide or could provide the person legal aid at their expense
• Attached to the legal aid application, applicant should also provide their payslip

The completed form is sent to a judge who will determine whether the applicant qualifies for legal aid for all or only part of the legal procedures. The form is then sent to the Registrar of the Supreme Court for lawyer allocation.

Legal aid can be approved in the following:

• Advice and drafting
• Advice only
• Legal representation
• Waiver of filing fees

In respect or waiver of filing fees, the Judge may waive the filing fee but also orders that if the applicant is successful in his/her case the costs that they are awarded are to be refunded to the legal aid fund, and this is paid back to Court. The legal aid fund comes from an allocated budget yearly from the Ministry of Finance.

The Registrar (this duty is delegated to the Deputy Registrar, Criminal Division) keeps a list of legal practitioners who are requested in order of rotation to provide their services to persons seeking legal aid.

The legal practitioners may request their payment at the full and final determination of the cases or services that they have given to the legal aid applicants.

The fees payable to legal practitioners are cited in the Legal aid rules Chapter 13, under fees (click for details).

Contact information

Registrar Juliana Esticot
Address: Judiciary of Seychelles, Palais de Justice
Ile Du Port, Mahe, Seychelles, PO Box 57, Victoria

Telephone number: +248 428 5800 / 4285858

Email: info@judiciary.gov.sc

Website: www.judiciary.sc

 

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To file a complaint

A complaint letter should be addressed to the Ombudsman. The Ombudsman can be said to be the fourth pillar of government, whose role is to investigate and act upon complaints from the public vis a vis the conduct of the executive and public authorities in the carrying out of its roles. The President, Vice-President, Minister or a Member of the National Assembly may also request that the Ombudsman carry out such an investigation.

Contact information

Ombudsman Mrs Nichole Tirant-Gheraldi

Address: Room 306, Aarti Chambers, Mont Fleuri, Mahé, Seychelles

Telephone: +248 4225147

Email: info@ombudsman.sc

Website: www.ombudsman.sc