176. While a State cannot be held responsible for every shortcoming on the part of a lawyer appointed for legal aid purposes, It is for the competent authorities to take steps to ensure that the applicant effectively enjoys the right in any particular circumstance.17 177. In its case-law, the European Court has identified four factors that should be taken into account, either severally or jointly, when determining if the "1nterest of justice" necessitates free legal aid , namely: a. The seriousness of the offence; b. The severity of the potential sentence; c. The complexity of the case and; d. The social and personal situation of the defendant. 18 178. In Benham vs. The United Kingdom , the applicant had been charged with non- payment of a debt and faced a maximum penalty of three (3) months in prison. The European Court held that this potential sentence was severe enough that the interests of justice demanded that the applicant ought to have benefited from legal aid. In Salduz vs. Turkey, the same Court held that legal aid should be available for people accused or suspected of a crime, irrespective of the nature of the particular crime and that legal assistance is particularly crucial for people suspected of serious crimes.19 179. In a similar vein, the Inter-American Court of Human Rights has found violations of Article 8 of the American Convention on Human Rights which provides for the right to a fair trial, similar to the provisions of Article 7 of the Charter. Of note is the Case of Suarez-Rosero v Ecuador where the Inter-American Court of Human Rights affirmed the minimum guarantees to which every person is entitled under Article 8(2)(c), (d) and 20 (e) of the American Convention on Human Rights, with full equality. 17 Ibid, paragraph 36. ta Application 19380/92, Judgment of 10 June 1996 (Grand Chamber) 19 Application No. 36391102, Sa/duz v Turkey, Judgment of 27 November 2008 (Grand Chamber) paragraph 54 Judgment of 12 November, 1997 (Merits) paragraph 82 These guarantees 1nclude "[a]dequate time and means for the preparation of his defense, [t]he right of the accused to defend himself personally or to be 20 51 ~