Montserrat Lacks Formal Legal Aid System, Premier Confirms

Montserrat currently has no formal legal aid system in place, Premier Reuben T. Meade confirmed during Monday’s sitting of the Legislative Assembly, responding to questions from Opposition member Donaldson Romeo.

“There is currently no formal legal aid structure in Montserrat and no statutory framework for such,” the Premier stated. He explained that while no system exists by law, legal representation may be arranged on a case-by-case basis, particularly for serious offences such as murder or when a defendant is deemed especially vulnerable.

“Where a person applies for legal aid, a means test is conducted… to determine whether he or she qualifies,” Premier Meade said. These assessments are carried out by the Social Services Department and consider the applicant’s financial capacity.

From 2020 to 2025, legal aid was granted in five cases. Over the past ten years, it was provided in seven matters, including two in 2017.

Mr Romeo raised a supplemental question, claiming one prisoner at His Majesty’s Prison currently receives legal aid under what he described as a “structure in place.” Premier Meade replied, “I am unaware. But if the Honourable Member has information which he wishes to share with me, we can have that discussion outside… in terms of educating myself.”

Romeo further pressed the Premier on the case of a foreign prisoner transferred to Montserrat. “A prisoner from the Chagos Islands described as a Tamil migrant seeking asylum was transferred to Montserrat to serve his sentence at His Majesty’s Prison in Brades,” he said.

He asked how many staff, including prison officers and teachers, had been brought to the island specifically for this one prisoner.

Premier Meade confirmed that arrangements related to the individual were made in coordination with the United Kingdom’s Foreign, Commonwealth and Development Office (FCDO). “The Foreign Office has indicated that the details of this arrangement must remain restricted,” he said. “However, I can acknowledge that the required resources have been provided and are fully funded by the UK Government.”