Are you entitled to be appointed a legal aid lawyer?

If you have been the victim of a serious criminal offense, you may be entitled to free legal assistance through a legal aid lawyer. This is an important right that many people are not aware of – and which can be crucial to getting the support and security you need.

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In this article, we explain who is entitled to a legal aid lawyer, what the lawyer can assist with, and how to go about having one appointed.

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What is a legal aid lawyer?

A legal aid lawyer is a lawyer who looks after your interests as an injured party or victim in a criminal case. The lawyer supports you throughout the entire process – from the complaint and investigation to the trial and any compensation claims – and will ensure that your rights are followed up.

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When do you have a claim to legal aid?

You are entitled to free legal assistance in a number of serious cases, including:

• Rape or certain sexual assaults
• Violence in close relationships
• Human trafficking
• Purchasing sexual services from minors
• Forced marriage or honor-related violence
• Severe deprivation of liberty (for example, unlawful confinement)
• Murder or manslaughter (as left behind)

In addition, the court may consider that you need legal assistance in other serious cases, even if this is not directly required by law. This is especially true if the case is burdensome, you are in a vulnerable situation, or you have difficulty safeguarding your rights on your own.

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Children and young people

Children under the age of 18 are generally entitled to legal representation in all relevant cases – even if they have witnessed serious violence or abuse.

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What can a legal aid lawyer help you with?

The legal aid lawyer will help ensure that you are heard, understood and well taken care of throughout the case. The lawyer can help you with, among other things:

• Advice and support before and during police interrogation
• Help writing and submitting a review
• Explanation of your rights and the procedure
• Support and presence during legal proceedings
• Promote claims for redress and compensation
• Dialogue with the police, prosecutors and other relevant authorities

In many cases, the lawyer will also be able to give you guidance about other rights – for example, access to healthcare, crisis centers or other support services.

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Do you have to pay for legal aid?

No. If you are entitled to legal assistance, the public sector covers all costs. You pay nothing yourself, and there is no deductible.

If you want assistance in a case where the court does not grant an appointment, you must cover the costs yourself. A lawyer can help you assess whether there are grounds for free assistance, and if necessary, submit an application to the court.

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How do you appoint a legal aid lawyer?

In most serious cases, the police or the court will inform you if you are entitled to legal assistance. You are free to suggest which lawyer you want. The court will usually take this into account – as long as the lawyer has the necessary competence and capacity.

If you do not have a specific lawyer in mind, the court will appoint one for you. You can also contact a lawyer who works with such cases directly.

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We at Insa can help you.

At Insa advokater, we have extensive experience in assisting people affected by criminal acts. We offer a free and non-binding assessment of your case, and can help you to appoint a legal aid lawyer where appropriate.

Contact our criminal law lawyers for a non-binding assessment of your case.

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