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AusAID PSLP Grant , QUT Faculty of Law / Attorney Generals Office, Bhutan Component 1: Scoping Study / Needs Analysis Individual responses in the workshop conducted on 1 June 2011 A lengthy process was used for participants to identify their major work issues and their projected professional development needs. The outcomes are presented by respective four interest groups: Lawyers in the Attorney Generals office: issues needs Participant A .Lack of resources – books journals databases.. .Access to resources and research skills .Extensive training in drafting laws – bills, by laws, .Training on drafting opinions .Investigation guidelines .Coordination with other agencies – ACC, RBP, R .Training on advocacy Audit Auth .Training in ADR skills .Building of advocacy skills-pleadings .Training on case management . Developing alternative dispute resolution skills .Attachments .Case management- building a case, submissions, evidence.. .Exposure to international best practice though attachments .On line Law degree options for paralegals . Establish a bar association Participant B .Lack of legal resources – books journals, data .Accessible legal resources for all lawyers bases .Bar Council to regulate lawyers-conduct; licence .Drafting ability to practice; Bar exams .Coordination with other prosecution agencies .Access to Law degree for paralegals .Lack of policy directives when drafting bills .Lack of public defenders .Lack of guidelines when investigating .Investigating procedures Participant C .Access to research: not knowing what to do or .Access to software and training on how to use how to go about the problem once it is placed in .Formal, full course on legislative drafting front of us .Drafting laws: lack of formal training leaves us without tools of trade .Prosecution: case management .ADR Participant D .Prosecution: representing before the court as a .Need guidance and training for prosecutors in prosecutor to prosecute civil and criminal cases preparing evidence . Lack of knowledge of prosecution .Need to upgrade Law degree Participant E .Lack of resources- books, journals, electronic .Access to legal resources-virtual library, databases databases .On the job training to build drafting/advocacy skills .Building of advocacy skills: pleadings, how to .Exposure to international best practice manage a case including submissions to be made- .OAG guidelines for investigation please case management .Bar council to regulate the profession .Extensive training on drafting bills- laws, by laws, .Online law degrees for paralegals opinions .Lack of coordination with other agencies eg ACC, RBP, RAA Participant F .No clear guidelines for drafting rules and .Provide a manual outlining standard procedures regulations for drafting bylaws, rules, regulations .Understaffed with additional problems because some staff not competent and not provided with adequate training Lawyers in the Ministries and other organizations (Royal Audit Authority, Ministry of Education, Ministry of Labour and Human Resources, Royal Civil Service Commission, National Environment Commission, Thimphu District Municipality etc) issues needs Participant A .Lack of training specifically linked to ministry .Access to training in drafting, pleadings, issues prosecutions .Lack of resources .Access to resources . ADR .Training in ADR Participant B .To convince the parties involved in conflict in .To enhance communication skills and conflict terms of legalities management .To build our capacity in terms of thinking to enable us to do prosecutions efficiently Participant C .Interpreting statutes .Art of prosecution .Paralegals lack of training .Preparation of charge sheets .Need to be bullet proof .Weighing up the importance of evidence .Diversity of issues .How to build an argument .Many prosecutions after police intervention .Relationship with criminals and prosecutors Participant D .Legislative drafting- review, amendments, environ .Training in drafting, giving legal advice, and .Legal advice negotiation skills .Interpretation .Negotiation Participant D .Training in drafting .Drafting -regulations, policy, agreements .Case management .Reviewing – policy, acts, agreements .Interpreting;- policy, acts, agreements .Case management Participant E .Evidence gathering .Training on evidence gathering .Interpretation of rules and laws .Interpreting laws .Drafting of rules, policies, manuals .Methods or procedures for drafting Participant F .Administrative tribunal to be established .Training on Administrative tribunal with regard to .Dispute between civil servants case management and overall management of the tribunal .Training on public service management Legal assistants in Attorney Generals office: issues needs Participant A .I like doing prosecution work but am afraid the .Understanding my role criminals will seek revenge when they get out of jail .I find it difficult to do prosecutions with my very limited legal background .Need to create awareness and convince the general public about the law Participant B .Understaffed .Help with understanding terminology .Dont understand legal terms, maxims etc .Not clear of the new Police Act in terms of Rapist, terrorists, treason, Assault, Smuggling (Tobacco Act) . Relationships with relevant services Participant C .As a small country with GNH as its core, it is .Need government to convince people on the difficult to prosecute all kinds of people consequences of committing crime .When appearing before the court, the accused . Need to upgrade Law training thinks badly of the prosecutor .Understanding legal terminology Don’t understand legal jargon Participant D .Interpretation of laws .To undergo long term U/G degree .Difficult to understand legal terminologies .Short term legal courses .Difficult in facing the court room and judges with .Create awareness and convince the general public limited law background on laws and prosecution .Defendants misunderstands the prosecutors intention for charging them before the law Participant E .Not enough exposure to international laws .Increase links to international legal experts .Communication gap lies between the prosecutors and the community .We lack useful resources while prosecuting the cases before the court Legal Assistants outside the Attorneys General’s Office: (Bhutan Narcotic Control Agency, Ministry of Information and Communications, Construction Development Board, Anti Corruption Commission, National Council) issues needs Participant A .Understaffed .Increased training on national law .Dont understand legal term, maxims etc .With the enactment of the Police act 2009, having difficulties with misdemeanor, Rapist, Terrorist, treason, assault, smugglers (Tobacco Act) .Relationships with other agencies Participant B .Lack of adequate practical skills in drafting and Short term and long term training at the field level reviewing legislative legal instruments in the local context .Influence from policy makers, politicians, in legal matters in the office .Lack of enough practical methods in handling cases at the entry stage in the sequence .Training sometimes taken by policy makers which are designed for lawyers Participant C .Lack of formal legal background .Necessary assistance in upgrading to LLB . Difficult to interpret sometimes though we Training in drafting rules and regulations understand the basis of the law .Difficult to draft various rules and regulations Participant D .Legislative drafting .Need training on legislative drafting .Hansard/ Verbatim transcription/Editing .Patience and tolerance .Secretarial services . convincing .Consultations . Coordination .Legislative research .Training on briefings .Parliamentary sessions . Participant E .Revision and revisiting existing laws .Training on how to start off and handle with the .Drafting an agreement and MOU between revision in generally and the provision in particular government agencies and other countries .Drafting procedures and the extent the provision .Render legal services to the entire Ministry and its needs to be included Departments .Training on managing versions of drafting .Training on litigation procedures in other countries
"AusAID scoping workshop detailed responses"