Courts-Martial Appeals Act, 1983
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Legal aid (court-martial) certificate. |
27.—(1) Where— | |
(a) an order is made for the trial by court-martial of a person (in this section referred to as “the accused”), and | ||
(b) a certificate for free legal aid (in this Part of this Act referred to as “a legal aid (court-martial) certificate”) is granted in respect of the accused by the prescribed authority, | ||
the accused shall be entitled to free legal aid in the preparation and conduct of his defence at the trial and to have a solicitor and (where the prescribed authority thinks fit) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act. | ||
(2) A legal aid (court-martial) certificate shall be granted in respect of the accused if (but only if)— | ||
(a) application is made therefor, | ||
(b) it appears to the prescribed authority that the means of the accused are insufficient to enable him to obtain legal aid, and | ||
(c) either— | ||
(i) the trial is on a capital charge or a charge of murder, or | ||
(ii) it appears to the prescribed authority 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 accused should have legal aid in the preparation and conduct of his defence at the trial. |