The effectiveness of the state brief scheme as an instrument for actualising the right to Legal representation in Uganda

Abstract

This study examines the effectiveness of the State Brief Scheme SBS as an instrument for actualising the right to legal representation in Uganda. Despite constitutional guarantees of legal aid for indigent defendants contained in the constitution of Uganda and international instruments to which Uganda is a state party, challenges persist in ensuring equitable access to justice, particularly for the poor and marginalised. The SBS was introduced to provide legal representation to individuals unable to afford private counsel, but its implementation has faced significant obstacles, including limited resources, inadequate lawyer availability, and uneven quality of representation. This study critically evaluates the scheme’s impact through qualitative research, including interviews with legal professionals, beneficiaries, and stakeholders, as well as analysis of case law and policy documents. The study explored four specific research areas and responded to the following questions; 1) How effective is the SBS in Uganda in rendering legal support to indigent persons in criminal trials? (2) What are the standard requirements of the SBS in implementing the legal aid service during criminal proceedings in Uganda? (3) How does the operation of the SBS scheme in Uganda compare with similar schemes in other jurisdictions? and 4) What possible interventions can be adopted to improve the implementation of the SBS scheme in Uganda? The study posits that while Uganda has a scheme in place, it is to a large extent exclusionary in nature to the indigent accused with most need of the service. It is only limited to criminal cases and operates from the point of actual court trials, yet qualification is also not open, but subjected to a test whose determinations rely on the discretion of the service provider to whom the application for legal support is submitted. The study makes a comparison of the operation of SBS in Uganda with selected countries that is Kenya, South Africa, Nigeria and Ghana, whose best practices are applied to appraise Uganda’s performance, based on which recommendations are then made for the improvement of Uganda’s scheme. The study concludes by offering recommendations to enhance the scheme's effectiveness, including increased funding, lawyer training, public awareness campaigns, and structural reforms. This research contributes to the broader discourse on legal aid reform in Uganda, with implications for improving the equitable delivery of justice for all citizens.