Icylyn Gregoryis confused. Her son has been arrested and charged for a murder she said he did not commit. Given that she is a domestic helper and lives on minimum wage, she is unable to secure the services of a lawyer. She is now worried that justice will not be properly served, since she cannot afford to pay a lawyer to defend him.

The Ministry of Justice says the Legal Aid Act seeks to secure access to justice for all Jamaicans. It provides a system of affordable legal representation for nearly all criminal offences.

Legal representation is given from the time of being taken to the police station, through to the trial and on to appeal.

A list of more than 300 lawyers who are available to assist persons who can't afford to pay was recently published by the Legal Aid Council.

Who benefits?

Any person charged with a criminal offence punishable by imprisonment.

The only offences for which legal aid is not given are:

Under the Money Laundering Act, offences under the Dangerous Drugs Act for manufacturing, importing, exporting, taking preparatory steps to export, selling or otherwise dealing in any dangerous drug and being in possession, in excess of the specified amounts.

Any offence not punishable with imprisonment.

Persons detained or charged with an excepted offence can be granted legal aid under the Duty Counsel Scheme.

How to get Legal Aid

Step one

Get a form from any legal aid clinic or court office.

Step two

Complete the application form. If you need help, ASK FOR IT at a court office, at a legal aid clinic, or from a justice of the peace (JP).

Step three

Take the application form to any one of the following places:

The court office which is dealing with your case.

The nearest legal aid clinic.

The Office of the Registrar of the Gun Court.

The Supreme Court or the Court of Appeal.

Step four

An officer of the relevant office will look at your form and tell you whether you can get legal aid.

Please note:

After a means test is administered and your situation is assessed, you may be asked to pay part of your legal fees. You can pay in instalments.

If you cannot afford it, you will not be forced to pay.

An attorney will be assigned to your case and will go to court with you.

For more information, contact the Legal Aid Council at 948-6999/The Legal Aid Clinic at 922-3792-3556