Annex United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems A. Introduction 1. Legal aid is an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law. Legal aid is a foundation for the enjoyment of other rights, including the right to a fair trial, as defined in article 11, paragraph 1, of the Universal Declaration of Human Rights,1 a precondition to exercising such rights and an important safeguard that ensures fundamental fairness and public trust in the criminal justice process. 2. Furthermore, article 14, paragraph 3 (d), of the International Covenant on Civil and Political Rights2 states that everyone should be entitled, among other rights, “to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it”. 3. A functioning legal aid system, as part of a functioning criminal justice system, may reduce the length of time suspects are held in police stations and detention centres, in addition to reducing the prison population, wrongful convictions, prison overcrowding and congestion in the courts, and reducing reoffending and revictimization. It may also protect and safeguard the rights of victims and witnesses in the criminal justice process. Legal aid can be utilized to contribute to the prevention of crime by increasing awareness of the law. 4. Legal aid plays an important role in facilitating diversion and the use of community‑based sanctions and measures, including non‑custodial 5