Amendments to the Legal Aid Act were passed in the Senate on Monday allowing people to choose their own legal aid lawyers and updating the financial criteria of the Act, which has not been amended since 1989.

The amendments also ensure people are told about their right to apply for Legal Aid when they are first taken into custody and not just once they are charged with an offence.

Currently Police can hold people for up to 72 hours before charging them and, as defence lawyer Sen. Larry Mussenden (PLP) pointed out, "this is a crucial time in any investigation ... rights should be explained".

"The main purpose of this bill is to make various provisions to effect improvements in the administration and the delivery of services in the Legal Aid programme," said Government Senate Leader Michael Scott. "It also makes provisions for the staffing of the Legal Aid programme and for the functions of the senior Legal Aid counsel.

"The Legal Aid programme ... is based on the fundamental principle that no Bermudian should be denied access to legal advice and representation because of limited means."

The Legal Aid Committee maintains the roster of available lawyers, reviews all applications and assigns counsel to those who have a disposable income of less than $12,000 and have been charged with serious offences such as murder, sexual assault and importation of controlled drugs. Other applications are at the Committee's discretion.

Opposition Senate Leader Kim Swan asked about Legal Aid Committee reports, saying the last one he had seen was from 2000, despite the Committee being required to submit reports to Parliament annually. Sen. Scott said reports from 2001 and 2002 had already been submitted to Cabinet and would follow the usual procedures from there.

Independent Sen. Walwyn Hughes voiced concerns about applicants all choosing the more popular lawyers and therefore creating delays in the court system, and questioned the criteria for non-Bermudians applying for Legal Aid.

Sen. Scott said line-ups for lawyers would be avoided as if a lawyer was not available, the applicant would have to move down the list and choose someone else.

The assessment process of whether a non-Bermudian is a candidate for Legal Aid is exactly the same as for Bermudians, he said, with inquiries made overseas as to the applicant's financial situation.

The amendments were passed by a unanimous vote.