Legal Aid Officer

What a Legal Aid Officer does daily

• Criminal legal aid — representing accused persons in Magistrates' Courts; High Courts; and Courts of Appeal who cannot afford private counsel; taking instructions from the accused; reviewing the charge sheet; advising on plea (guilty; not guilty; negotiated plea); cross-examining prosecution witnesses; making submissions on bail; sentencing advocacy; appeals; the criminal legal aid function is among the most demanding because the liberty of the client depends on the quality of the advocacy; Legal Aid Officers in criminal cases carry the same professional and ethical obligations as any other Attorney-at-Law in criminal practice
• Civil legal aid — assisting eligible clients in civil matters: matrimonial cases (divorce; nullity; judicial separation; custody; access; maintenance); land and property disputes (partition actions; ejectment; adverse possession claims); succession (probate; letters of administration; disputes over estates); labour disputes (wrongful termination; wages recovery; EPF/ETF claims before the Labour Tribunal); the civil legal aid function addresses the legal problems that most frequently affect poor families in Sri Lanka — land disputes; maintenance disputes; and labour exploitation
• Legal advice and information — providing free legal advice at LAC District Centres to persons who need to understand their legal rights and options but have not yet determined whether to pursue legal proceedings; advising on what the law says about their situation; what options are available; what the risks and costs of pursuing a legal remedy are; the legal advice function is the entry point for most LAC clients and prevents many unnecessary legal proceedings by helping people understand their situations clearly
• Human rights complaints and HRCSL assistance — assisting persons who have experienced violations of their constitutional rights (unlawful arrest; torture; discrimination; denial of fair hearing) to file complaints with the Human Rights Commission of Sri Lanka (HRCSL) or the Supreme Court (under Article 126 of the Constitution — the fundamental rights jurisdiction); the HRCSL complaints process is an important non-judicial remedy for human rights violations and the Legal Aid Officer who knows how to navigate it is a valuable resource for victims
• Domestic violence and GBV legal assistance — providing specialised legal assistance to survivors of domestic violence (under the Domestic Violence Act No. 34 of 2005); obtaining Protection Orders and Interim Orders from the Magistrates' Court; assisting with divorce and maintenance applications in the context of domestic violence; providing legal advice on safety planning; coordinating with Women In Need (WIN) and other support organisations; the intersection of legal aid and gender-based violence is one of the highest-priority functions given Sri Lanka's significant rates of domestic violence and GBV
• Child-related legal assistance — representing children in conflict with the law before the Magistrates' Court; the Children's Court; in care and protection proceedings; in custody disputes; in adoption; the child legal aid function intersects closely with the DPCC social work system and requires knowledge of both the legal proceedings and the best interests of the child standard that governs all child-related legal proceedings in Sri Lanka
• Detention centre legal assistance — visiting persons held in remand; police custody; immigration detention; and other places of detention to provide legal advice; ensure they are not held unlawfully; advise on bail applications; refer to relevant medical or social services; the detention centre legal assistance function is the most direct access to justice intervention for the most vulnerable persons in the legal system — those who are in custody without adequate legal representation
• Public interest litigation — in some legal aid programmes; filing strategic public interest litigation (PIL) that challenges laws or administrative practices that affect large numbers of poor or marginalised people; using the Supreme Court's Article 126 fundamental rights jurisdiction; or the Court of Appeal's writ jurisdiction; to seek systemic change through the courts; the PIL function is particularly important in Sri Lanka where many discriminatory practices affect communities that lack the individual resources to challenge them
• Legal literacy and community outreach — conducting legal literacy programmes in communities; schools; and workplaces — educating people about their legal rights (labour rights; land rights; consumer rights; domestic violence protection; child rights) in accessible Sinhala and Tamil; the legal literacy function prevents legal problems from arising by ensuring that people know their rights before they are violated
• Coordination with courts and justice sector agencies — coordinating with the Registrar of Courts; Judicial Service Commission; Prisons Department; Police; DPCC; HRCSL; and Bar Association on case management; accessing court documents; managing legal aid case files; the administrative coordination function that makes legal aid case management work