Courts-Martial Appeals Act, 1983
|
Legal aid (Courts-Martial Appeal Court) certificate. |
28.—(1) Where— | |
(a) a person (in this section referred to as “the accused”) is convicted by a court-martial, and | ||
(b) a certificate for free legal aid (in this Part of this Act referred to as “a legal aid (Courts-Martial Appeal Court) certificate”) is granted in respect of the accused by the prescribed authority or under subsection (3) of this section, | ||
the accused shall be entitled to free legal aid in the preparation and conduct of an appeal against the finding or sentence of the court-martial or against both such finding and such sentence and to have a solicitor and 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 (Courts-Martial Appeal Court) 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 conviction is of a capital offence or murder, or | ||
(ii) it appears to the prescribed authority that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of an appeal. | ||
(3) Where the accused is refused a legal aid (Courts-Martial Appeal Court) certificate by the prescribed authority, he may apply for the certificate to the Court either— | ||
(a) by letter addressed to the registrar of the 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 accused are insufficient to enable him to obtain legal aid, and | ||
(ii) either— | ||
(I) the conviction is of a capital offence or murder, or | ||
(II) it appears to the Court that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of an appeal. |