Criminal Justice (Legal Aid) Act, 1962
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Legal aid (trial on indictment) certificate. |
3.—(1) Where— | |
(a) a person is returned for trial for an indictable offence, and | ||
(b) a certificate for free legal aid (in this Act referred to as a legal aid (trial on indictment) certificate) is granted in respect of him by the District Court, upon his being returned for trial, or by the judge of the court before which he is to be or is being tried, | ||
the person shall be entitled to free legal aid in the preparation and conduct of his defence at the trial and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act. | ||
(2) A legal aid (trial on indictment) certificate shall be granted in respect of a person returned for trial for an indictable offence if (but only if)— | ||
(a) application is made therefor, | ||
(b) it appears to the District Court or the judge of the court before which the person is to be or is being tried that the means of the person are insufficient to enable him to obtain legal aid, and | ||
(c) either— | ||
(i) the return for trial is upon a charge of murder, or | ||
(ii) it appears to the District Court or the judge of the court before which the person is to be or is being tried (as the case may be) that, having regard to all the circumstances of the case (including the nature of such defence (if any) as may have been set up), it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of his defence at the trial. |