A/HRC/42/39/Add.1 52. During its visit, the Working Group called upon the Government to amend the Penal Code to decriminalize consensual same-sex relations between adults. It was informed that the National Assembly had passed a Penal Code amendment bill to remove sections 213 and 214 criminalizing homosexual acts. The bill would be sent to the National Council for review and adoption. 6. Lack of legal representation 53. Since the Working Group’s previous visit, in 1996, steady progress has been made in developing the legal profession in the country and the capacity of legal professionals to represent criminal defendants. For instance, there was no law school and no lawyers at the time of the 1996 visit, while at present there are over 200 private lawyers and approximately 120 lawyers in government service. Jigme Singye Wangchuck School of Law is training future members of the legal profession, and lawyers who have gained law qualifications abroad can receive further training at the Royal Institute of Management, which allows them to start practising in Bhutan. Improving the provision of legal representation is also envisaged in the Justice Sector Strategic Plan 2018–2023 and in the twelfth Five Year Plan, as a key strategy for achieving National Key Result Area 16 (strengthening justice services and institutions) through more effective delivery of legal services. The right to legal representation is also enshrined in articles 7 (21) and 9 (6) of the Constitution and in other key legislation, such as the Civil and Criminal Procedure Code, 2001, as amended in 2011, the Jabmi Act, 2003, the Child Care and Protection Act, 2011, the Evidence Act, 2005, and the Domestic Violence Prevention Act, 2013. 54. However, further steps are urgently needed to ensure that the right to legal representation is given effect in practice. According to the testimony received, a majority of defendants in criminal matters did not have access to legal representation at crucial stages of their proceedings: following arrest, during pretrial detention and during their trial and appeal. Detainees were generally not aware of their right to a lawyer as they had not been systematically informed of that right by the police and, in many cases, could not afford to retain a private lawyer. In some cases, detainees chose to represent themselves, either based on an incorrect understanding of the law that they would not be subject to a serious sentence if convicted, or because they had committed the offence and did not think that legal representation was important. Both attitudes indicate a general lack of understanding of the importance of having legal counsel to place all important aspects of each case before the court. 55. Additionally, in some cases, juveniles have been tried for serious criminal offences without legal counsel. The lack of legal representation in such circumstances amounts to a grave violation of the right to a fair trial. According to international standards, a person who has been detained is entitled to legal representation at any time during his or her detention, including from the moment of apprehension, and effective representation must be provided by the State if the detainee cannot afford to retain his or her own lawyer. 56. While a legal aid fund has been established under the auspices of the Royal Court of Justice, the fund is not operational and is largely unknown to legal practitioners and the public. There appears to be a low level of awareness that a fund exists to provide free legal representation in criminal matters and how to access it. There is also no clarity on the mechanism for rendering legal aid, service providers, regulators and the scope of legal aid. Guidelines are currently being developed by stakeholders to clarify how the legal aid fund will be accessed and used, including a means and merit test for persons seeking such services. However, there is not yet any agreement on how to determine whether a person is indigent and therefore qualifies for free legal representation and how to ensure that the provision of free legal assistance is sustainable. There are also no laws that deal specifically with the provision of legal aid. 57. Options to improve the provision of legal representation include pro bono services by private lawyers and the provision of free legal advice from the growing number of law students being trained at Jigme Singye Wangchuck School of Law. A further option would be the ongoing use of the Jabmi system for the provision of basic legal services to assist in ensuring that more criminal defendants have access to legal advice. Greater use of alternative mechanisms of resolving disputes (such as mediation or resolution of minor criminal matters 10