Criminal Justice (Legal Aid) Act, 1962
|
Legal aid (case stated) certificate. |
5.—(1) Where— | |
(a) a person is charged with an offence before the District Court or the Circuit Court or appeals to the Circuit Court against a conviction of an offence by the District Court and the justice or judge (as the case may be) of the court before which the charge or appeal (as the case may be) is heard refers a question of law arising in the proceedings to the High Court or Supreme Court (as the case may be) by way of case stated or the justice states a case in relation to the proceedings for the opinion of the High Court, and | ||
(b) a certificate for free legal aid (in this Act referred to as a legal aid (case stated) certificate) is granted in respect of the person by the court before which the charge or appeal (as the case may be) is heard or under subsection (3) of this section, | ||
the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the case stated 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) Where a person is charged with an offence before the District Court or the Circuit Court or appeals to the Circuit Court against a conviction of an offence by the District Court and the justice or judge (as the case may be) of the court before which the charge or appeal (as the case may be) is heard refers a question of law arising in the proceedings to the High Court or Supreme Court (as the case may be) by way of case stated or the justice states a case in relation to the proceedings for the opinion of the High Court, a legal aid (case stated) certificate shall be granted in respect of the person if (but only if)— | ||
(a) application is made therefor, | ||
(b) it appears to the court before which the charge or appeal (as the case may be) is heard that the means of the person are insufficient to enable him to obtain legal aid, and | ||
(c) it appears to the court before which the charge or appeal (as the case may be) is heard that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person. | ||
(3) Where, in relation to a case stated, a person is refused a legal aid (case stated) certificate by the District Court or Circuit Court, he may apply for the certificate to the court in which the case stated is to be heard either— | ||
(a) by letter addressed to the registrar of that court setting out the facts of the case and the grounds of the application, or | ||
(b) to the court itself, | ||
and the court shall grant the certificate if (but only if)— | ||
(i) it appears to the court that the means of the person are insufficient to enable him to obtain legal aid, and | ||
(ii) it appears to the court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person. |