D 8
[Subsidiary]
L.N. 204/84.
Legal aid in capital cases.
L.N. 122/82.
L.N. 122/82.
Power of Director to make inquiries. L.N. 122/82.
Director may represent aided person.
Power to discharge certificates.
L.N. 70/73.
CAP. 221]
Legal Aid in Criminal Cases Rules
[1985 Ed.
(3) If on an appeal from any conviction, order or determination in respect of or in connexion with any offence, it appears to a judge or, in the case of an appeal to the Court of Appeal, to the court or a judge thereof that an appellant should be granted legal aid notwithstanding that the Director refused his application, the judge or the Court of Appeal may, subject to paragraph (2), grant him an appeal aid certificate, and the Director shall thereupon assign a solicitor and 1 or 2 counsel, one of whom may be leading counsel, or solicitor or counsel only, as he may think fit, to represent the appellant.
13. (1) Notwithstanding anything contained in this Part, where a person-
(a) is committed for trial upon a capital charge;
(b) is convicted of a capital charge and proposes to appeal therefrom; or
(c) wishes to oppose an appeal to, or an application for leave to appeal to, the Privy Council in proceedings involving a capital charge,
the Director may, having considered the disposable resources of the accused person or appellant, grant him a legal aid certificate or an appeal aid certificate, as the case may require, and shall do so if his disposable resources do not exceed the relevant amounts specified in rule 4.
(2) The powers of the Director under sub-paragraphs (a) and (b) of paragraph (1) may be exercised by a judge or, in the case of an appeal to the Court of Appeal, by the court or a judge thereof, and the court or judge, if it or he thinks fit, may by order exempt the accused person or appellant from the requirements of Part III.
(3) Upon granting a legal aid certificate or an appeal aid certificate under this rule, the Court of Appeal, the judge or the Director shall assign a solicitor and 1 or 2 counsel, one of whom may be leading counsel, as it or he may think fit, to represent the accused person or appellant.
13A. Where an application for legal aid is made under paragraph (b) of rule 4, the Director may, before granting an appeal aid certificate, refer the application for legal aid, or any matter arising out of the application, to any counsel or solicitor to investigate the facts and make a report thereon and to give an opinion thereon or on any question of law arising out of the application for legal aid.
14. The Director may, in lieu of assigning solicitor or counsel to an accused person or appellant under these rules, represent the accused person or appellant.
14A. (1) The Director may, if he is satisfied that it is desirable in the interests of justice, discharge a legal aid certificate or an appeal aid certificate.