A/HRC/23/43 legislation should have the right to appeal the decision. 27 In criminal cases, for instance, persons urgently requiring legal aid, such as those held at police stations or detention centres, should be provided preliminary legal aid while their eligibility is being determined. While the onus is on the accused to show that he or she lacks sufficient means, he or she need not, however, do so “beyond all doubt”; it is sufficient that there are “some indications” that this is so.28 It is up to the court, with due regard for the particular circumstances of the case and the situation of the accused, to determine whether the person should be provided with legal aid and whether it is in the interests of justice that this aid be provided.29 In civil cases, establishing substantive eligibility criteria is usually more complex. The elements considered when legal aid is to be provided in these cases are often based on financial criteria and on an evaluation of costs and benefits, which may demonstrate the likelihood of success on the basis of the merits and the potential gain or loss to the client.30 55. While it is necessary to set out financial guidelines in order to avoid diluting the capacity of legal aid programmes, it is important that, when means testing criteria are put in place, they be accurate and take into account the distribution of wealth in the household, so as not to disadvantage those who have restricted access to household wealth, such as women and older persons. In addition to financial eligibility criteria, many legal aid programmes also impose substantive eligibility criteria. When such merit tests condition the delivery of legal aid, they should not be so restrictive that they deprive individuals of their right to legal assistance, even if the case is weak. Substantive eligibility criteria in civil legal aid programmes are generally based on the likelihood of success of the case, and can help to channel resources effectively. In any case, persons who are denied legal aid on the basis of the criteria set out in national legislation should have the right to appeal the decision of the court. 56. The quality of legal aid depends in primis on the qualifications and training of legal aid providers. In this regard, national legislation on legal aid should ensure that professionals working for the legal aid system possess the qualifications and training appropriate for the services they provide.31 Where there is a shortage of qualified lawyers, the provision of legal aid services may also include non-lawyers or paralegals. In such cases, national legislation should ensure that minimum quality standards for paralegal services are met and that paralegals receive appropriate training opportunities and operate under the supervision of a qualified lawyer. Legislation should also specify the types of legal services that may be provided by paralegals and those that can only be provided by qualified legal professionals. 27 28 29 30 31 12 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, guideline 1. Harris, O‟Boyle and Warbrick, Law of the European Convention on Human Rights (see footnote 16) p. 317. The European Court of Human Rights specified in Quaranta v. Switzerland that, when deciding whether legal assistance is required for the interest of justice to be met, domestic courts must consider the seriousness of the offence, the complexity of the case and the ability of the defendant to provide his or her own representation. National Legal Aid and Defender Association, International Legal Aid and Defender System Development Manual: Designing and Implementing Legal Assistance Programs for the Indigent in Developing Countries, November 2010 (available from www.nlada.org), p. 44. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, guideline 13.