2: "For the purposes of subsection (1), legal aid shall consist of representation by a legal
practitioner in the preparation and conduct of the defence in respect of the offence and in relation to
proceedings by way of appeal in the preparation and conduct of the appeal".
Section 7: "Where the financial circumstances of a person charged with an offence are such that he
is unable without undue hardship to himself or his dependants to meet the expenses of proceedings in
relation to that offencea) he shall, where the offence is murder or any other capital offence be granted legal aid;
b) he may in any other case having regard to the gravity of the offence of the officer or other
exceptional circumstances be granted legal aid".
The hearing of civil causes
The implementation in a democratic society of the right of every individual to have
his cause heard and, as a result, get fair decisions must be extended to the civil
sphere or side of the application of the law. It is in this context where important
rights such as those related to property, freedom of movement, suffrage, health,
education etc, may be brought to tribunals to seek justice.
Thereafter Seychelles' judicial system extends to the civil cases the impartiality of the
courts, the rights to appeal, to be compensated and to obtain legal aid, among others.
The following legal dispositions are examples:
Seychelles Code of Civil Procedure, 15/04/1920. Updated in 1991.
Section 22: "All civil and commercial suits, actions causes and matters shall be brought before the
Supreme Court, save in cases where other provisions is made by law."
Section 29.1: "All the claims by the Government of Seychelles against any private person shall be
brought in the name of the Attorney General […].
2: All the claims against the Government of Seychelles […] if the claim had been
against a private individual may, be preferred in the Supreme Court in a suit instituted be the
claimant as plaintiff against the Attorney General as defendant".
Legal Aid Act, 1/02/1986. Laws of Seychelles 1996.
Section 3.1 "Subject to this Act, legal aid shall be available to any persona) in any civil proceeding not being a proceeding exempted by rules made under this Act; and
b) in taking any steps to assert or dispute a claim which may give rise to a civil proceeding for
which legal aid shall be available […]"