United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
13
(e) A court may, having regard to the particular circumstances of a
person and after considering the reasons for denial of legal aid, direct that
that person be provided with legal aid, with or without his or her contribu‑
tion, when the interests of justice so require;
(f) If the means test is calculated on the basis of the household
income of a family, but individual family members are in conflict with each
other or do not have equal access to the family income, only the income of
the person applying for legal aid is used for the purpose of the means test.
Guideline 2.
Right to be informed on legal aid
42. In order to guarantee the right of persons to be informed of their right
to legal aid, States should ensure that:
(a) Information on the right to legal aid and what such aid consists
of, including the availability of legal aid services and how to access such
services and other relevant information, is made available to the community
and to the general public in local government offices and educational and
religious institutions and through the media, including the Internet, or other
appropriate means;
(b) Information is made available to isolated groups and marginalized
groups. Use should be made of radio and television programmes, regional
and local newspapers, the Internet and other means, in particular, following
changes to the law or specific issues affecting a community, targeted
community meetings;
(c) Police officers, prosecutors, judicial officers and officials in any
facility where persons are imprisoned or detained inform unrepresented
persons of their right to legal aid and of other procedural safeguards;
(d) Information on the rights of a person suspected of or charged with
a criminal offence in a criminal justice process and on the availability of
legal aid services is provided in police stations, detention centres, courts and
prisons, for example, through the provision of a letter of rights or in any
other official form submitted to the accused. Such information should be
provided in a manner that corresponds to the needs of illiterate persons,
minorities, persons with disabilities and children; and such information should
be in a language that those persons understand. Information provided to chil‑
dren must be provided in a manner appropriate to their age and maturity;
(e) Effective remedies are available to persons who have not been
adequately informed of their right to legal aid. Such remedies may include