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United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
Principle 13.
Competence and accountability of legal aid providers
37. States should put in place mechanisms to ensure that all legal aid
providers possess education, training, skills and experience that are com‑
mensurate with the nature of their work, including the gravity of the offences
dealt with, and the rights and needs of women, children and groups with
special needs.
38. Disciplinary complaints against legal aid providers should be promptly
investigated and adjudicated in accordance with professional codes of ethics
before an impartial body and subject to judicial review.
Principle 14.
Partnerships
39. States should recognize and encourage the contribution of lawyers’
associations, universities, civil society and other groups and institutions in
providing legal aid.
40. Where appropriate, public‑private and other forms of partnership should
be established to extend the reach of legal aid.
C. Guidelines
Guideline 1. Provision of legal aid
41. Whenever States apply a means test to determine eligibility for legal
aid, they should ensure that:
(a) Persons whose means exceed the limits of the means test but who
cannot afford, or do not have access to, a lawyer in situations where legal
aid would have otherwise been granted and where it is in the interests of
justice to provide such aid, are not excluded from receiving assistance;
(b) The criteria for applying the means test are widely publicized;
(c) Persons urgently requiring legal aid at police stations, detention
centres or courts should be provided preliminary legal aid while their eligibility
is being determined. Children are always exempted from the means test;
(d) Persons who are denied legal aid on the basis of the means test
have the right to appeal that decision;