Criminal Justice (Legal Aid) Act, 1962
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Legal aid (appeal) certificate. |
4.—(1) Where— | |
(a) a person is convicted of an offence, and | ||
(b) a certificate for free legal aid (in this Act referred to as a legal aid (appeal) certificate) is granted in respect of him by the District Court or by the judge of the court before which he was tried or under subsection (3) of this section, | ||
the person shall be entitled to free legal aid in the preparation and conduct of an appeal from the conviction or the penalty (if any) imposed on conviction and to have a solicitor and (where the appeal lies to the Court of Criminal Appeal) 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 (appeal) certificate shall be granted in respect of a person convicted of an 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 was tried that his means are insufficient to enable him to obtain legal aid, and | ||
(c) either— | ||
(i) the conviction is of murder, or | ||
(ii) it appears to the District Court or the judge of the court before which the person was tried that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of an appeal. | ||
(3) Where a person is, on being convicted of an offence, refused a legal aid (appeal) certificate, he may apply for the certificate to the court to which an appeal from the conviction lies 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) either— | ||
(I) the conviction is of 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 convicted person should have legal aid in the preparation and conduct of an appeal. |