5. CONTACT WITH THE OUTSIDE WORLD PROMISING PRACTICE: ACCESS TO LEGAL AID [5.14] In Malawi, the Paralegal Advisory Service Institute (PASI)318 provides frontline legal assistance in places of detention to address the country’s over-reliance on pre-trial detention and to promote greater access to legal assistance. The organization also advocates for reforms and seeks ways of establishing a sustainable system of paralegal aid. PASI initiatives include the creation of “camp courts” inside prisons where paralegals screen the case-load of pre-trial detainees, help suspects complete bail forms and prepare them for pre-trial hearings. The paralegals draw up a list of pre-trial detainees who are held unlawfully, who have been held beyond the legal time limit for pre-trial detention and who have been granted bail but cannot afford the terms set by the court. Magistrates attend court with the court clerk, police prosecutor and work through the list, granting bail to some, reducing the bail amount set by an earlier court, dismissing cases where the accused should already have been released, or setting a date when the accused must appear for trial. Over a period of ten years Malawi’s Paralegal Advisory Service Institute (PASI) contributed to reducing the percentage of detainees held in pre-trial detention from around 60 per cent to around 12 per cent.319 317 318 319 Reducing tension in the facility and strengthening public trust 98 Prison staff have reported that when prisoners are informed about their legal situation it has a positive impact on their conduct and mental health, reducing the risk of self‑harm and suicide attempts. Legal representatives can also explain or reinforce prison rules and regulations to prisoners and the likely implications of breaking the rules. They can explain rights and responsibilities, and how prisoners’ actions might influence their eventual length of time in prison, contributing to overall improvement in their behaviour. 99 As the UN Legal Aid Principles and Guidelines point out, legal aid plays a role in promoting greater community involvement in the criminal justice system.320 The Principles and Guidelines also note how a legal aid system can contribute to a properly functioning criminal justice system.321 PUTTING IT INTO PRACTICE Establishing legal aid schemes The UN Legal Aid Principles and Guidelines define legal aid providers broadly, to include “a wide range of stakeholders as legal aid service providers in the form of non-governmental organizations, community-based organizations, religious and non-religious charitable organizations, professional bodies and associations and academia”.322 101 Legal aid in criminal procedures should be offered in all cases, regardless the nature of the crime. The UN Legal Aid Principles and Guidelines also note that the term “legal aid” is “intended to include the concepts of legal education, access to legal information and other services provided for persons through alternative dispute resolution mechanisms and restorative justice processes.”323 102 While the UN Legal Aid Principles and Guidelines cover legal aid in relation to criminal proceedings, legal aid schemes may also exist for other legal matters. Prison authorities should facilitate access to such schemes. 5 100 317. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, op. cit., note 260, preambular para. 9. 318. For more information, see: pasimalawi.org. 319. See: Improving Pre-trial Justice in Malawi, Open Society Justice Initiative and PASI Paralegal Advisory Service, 2013. 320. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, op. cit., note 260, para. 4. 321. Ibid, para. 11. 322. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, op. cit., note 260, annex, para. 9. 323. Ibid, para. 8. Guidance document on the Nelson Mandela Rules 133