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Advantages And Disadvantages Of Legal Aid

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CHAPTER FOUR CONCLUSION AND RECOMMENDATIONS 4.0 Introduction This chapter provides summary of conclusion and recommendations drawn from the study of legal aid models of Tanzania, Malawi and South Africa on the question on whether legal aid can be accessed in early stages of criminal justice process. Recommendation are general and others are specific to Tanzania, Malawi and South Africa. 4.1 Conclusion The study has sought to examine legal aid models of Tanzania, Malawi and South Africa in order to establish whether or not legal aid can accessed in Pretrial Stages of criminal justice system. In this indevour the study examined the relevant international conventions, national laws which directly or indirectly deals with criminal justice and …show more content…

The existing efforts of criminal justice reform from international, regional and national level should include pretrial rights of accused person in their framework and address how accused person can access legal aid in pretrial stages. International and regional human rights instruments should bring law enforcer especial Police, investigators and judiciary in addressing access to legal aid in pretrial stages. Law enforcers are very important in making access to legal aid to accused person at earliest stages of criminal process possible because it is in the hands of these institutions pretrial rights of the accused persons are violated. The information gathered during pretrial stage shapes and influences the entire proceeding and the results of the case. 4.2.2 Specific Recommendation for …show more content…

It is important for Malawi to reflect on what is provided by the law and what is done on practice in make necessary amendments to the law in order to codify the best practice which has proved worth in Malawi criminal process. 4.2.4 Specific Recommendation to South Africa South Africa as an example for other African countries in legal reforms and other aspects have improve its legal system in regard to access of legal aid in early stages so that other countries may follow suit. South African model of provision of legal aid is commendable in many ways but the way in which access to legal aid in early stage of the criminal proceedings needs to be viewed and made friendly to the accused person. Public Prosecutor, Police Force and prison department should be made part and parcel of the legal aid system. In this way these instructions have to establish legal aid units in their organizational structure to deal with legal aid in early pretrial stages of the criminal process. In this way accused person will be availed legal aid at the right

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