MA
CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221).
LEGAL AID IN CRIMINAL Cases Rules, 1962.
In exercise of the powers conferred by section 9 of the Criminal Procedure Ordinance, the Chief Justice has made the following rules—
I.
These rules may be cited as the Legal Aid in Criminal Cases Chation Rules, 1962 and shall come into operation on a day to be fixed by the and com- Chief Justice and published in the Gazefie.
mencement.
2. (1) Any person committed for trial before the Supreme Court for an indictable offence may be granted free legal aid in the preparation and conduct of his defence and may have solicitor and counsel assigned criminal to him for that purpose, if a certificate (in these rules referred to as a cas45. "legal aid certificate") is granted in respect of him in accordance with the provisions of these rules.
Legal aid for poor
persons in
(2) Subject to the provisions of this rule, a legal aid certificate may be granted in respect of any person upon application by him-
(a) by the committing magistrate, upon his being committed for
trial; or
(b) by a judge of the Supreme Court, at any time after reading
the depositions.
and such magistrate or judge is for the purposes of this rule referred to as "the certifying authority”.
(3) A legal aid certificate shall not be granted in respect of any person unless it appears to the certifying authority that his means are insufficient to enable him to obtain such aid, but where it so appears to the certifying authority, that authority-
(a) shall grant legal aid certificate in respect of any person
committed for trial upon a capital charge; and
(6) may grant a legal aid certificate in respect of any person committed for trial upon any other charge if it appears to the certifying authority, having regard to all the circumstances, that it is desirable in the interests of justice that he should have legal aid in the preparation and conduct of his defence, (4) If any person upon making application for a legal aid certificate to a magistrate in accordance with the provisions of this rule is refused the grant of such certificate he may appeal against such refusal to a judge of the Supreme Court in Chambers whose decision shall be final.