6
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
measures; promoting greater community involvement in the criminal justice
system; reducing the unnecessary use of detention and imprisonment;
rationalizing criminal justice policies; and ensuring efficient use of State
resources.
5. Regrettably, many countries still lack the necessary resources and
capacity to provide legal aid for suspects, those charged with a criminal
offence, prisoners, victims and witnesses.
6. The United Nations Principles and Guidelines on Access to Legal Aid
in Criminal Justice Systems, which are drawn from international standards
and recognized good practices, aim to provide guidance to States on the
fundamental principles on which a legal aid system in criminal justice should
be based and to outline the specific elements required for an effective and
sustainable national legal aid system, in order to strengthen access to legal
aid pursuant to Economic and Social Council resolution 2007/24 of 26 July
2007, entitled “International cooperation for the improvement of access to
legal aid in criminal justice systems, particularly in Africa”.
7. In line with the Lilongwe Declaration on Accessing Legal Aid in the
Criminal Justice System in Africa and the Lilongwe Plan of Action for the
implementation of the Declaration, the Principles and Guidelines follow a
broad concept of legal aid.
8. For the purposes of the Principles and Guidelines, the term “legal aid”
includes legal advice, assistance and representation for persons detained,
arrested or imprisoned, suspected or accused of, or charged with a criminal
offence and for victims and witnesses in the criminal justice process that is
provided at no cost for those without sufficient means or when the interests
of justice so require. Furthermore, “legal aid” is intended to include the
concepts of legal education, access to legal information and other services
provided for persons through alternative dispute resolution mechanisms and
restorative justice processes.
9. For the purposes of the Principles and Guidelines, the individual who
provides legal aid is herein referred to as the “legal aid provider”, and the
organizations that provide legal aid are referred to as the “legal aid service
providers”. The first providers of legal aid are lawyers, but the Principles
and Guidelines also suggest that States involve a wide range of stakeholders
as legal aid service providers in the form of non‑governmental organizations,
community‑based organizations, religious and non‑religious charitable
organizations, professional bodies and associations and academia. Provision