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WEDNESDAY, MARCH 15, 1978
LEGAL AID TO CRIMINAL CASES IN DISTRICT COURTS
EFFECTIVE FROM APRIL
*******.
THE 'EXTENSION OF LEGAL AID TO COVER ALL CRIMINAL CASES IN THE DISTRICT COURT WILL COME INTO EFFECT FROM NEXT MONTH.
THE ACTING ATTORNEY-GENERAL, THE HON. GARTH THORNTON, IN MOVING THE RESOLUTION UNDER THE CRIMINAL PROCEDURE ORDINANCE IN THE LEGISLATIVE COUNCIL TODAY, SAID THIS WAS MADE. POSSIBLE AS A RESULT OF GOVERNMENT'S IMPROVED FINANCIAL POSITION...
MR. THORNTON TOLD THE COUNCIL THAT THE APPROVAL IN PRINCIPLE OF THE EXTENSION OF LEGAL AID TO COVER ALL CRIMINAL CASES IN THE DISTRICT COURT WAS GIVEN BY THE GOVERNOR-IN-COUNCIL IN AUGUST 1974, BUT THE LIMITED FUNDS AVAILABLE FOR THE NEW SERVICES, AND OTHER CALLS ON THE GOVERNMENT'S RESOURCES IN 1975 AND 1976, PRECLUDED THE IMMEDIATE INTRODUCTION OF THE EXTENSION.
MR. THORNTON SAID THAT ALTHOUGH THE INCREASE IN THE NUMBER OF CASES WHICH WILL ATTRACT LEGAL AID AS A RESULT OF THE EXTENSION CANNOT BE ESTIMATED ACCURATELY, IT IS BELIEVED THAT THE NUMBER OF APPLICATIONS FOR AID FOR DISTRICT COURT CASES GRANTED IN 1978/79 MIGHT BE ABOUT 1,080, COMPARED WITH OVER 900 IN 1977/78 AND 666 IN 1976/77.
+EXPENDITURE AT $2.9 MILLION IS LIKELY TO BE ABOUT $0.8 MILLION HIGHER THAN IT WOULD HAVE BEEN UNDER THE PRESENT SCHEME.
+ IT IS CONSIDERED THAT THE RESOURCES OF BOTH THE GOVERNMENT AND THE LEGAL PROFESSION ARE SUFFICIENT FOR THE INCREASED WORKLOAD TO BE HANDLED SATISFACTORILY,+ MR. THORNTON ADDED.
UNDER THE EXISTING RULES LEGAL AID IS AVAILABLE SUBJECT TC MEANS TESTED LIMITS OF A MONTHLY DISPOSABLE INCOME OF $1,500 AND A DISPOSABLE CAPITAL OF $10,000 TO DEFENDANTS IN THE FOLLOWING CATEGORIES OF CRIMINAL CASES:
* ALL CRIMINAL TRIALS IN THE SUPREME COURT-
*ALL CRIMINAL APPEALS TO THE COURT OF APPEAL FROM THE
SUPREME AND DISTRICT COURTS=
* ALL CRIMINAL APPEALS TO THE SUPREME COURT FROM MAGISTRATE
COURTS AND
* CASES IN THE DISTRICT COURT INVOLVING AN OFFENCE CARRYING
A MAXIMUM SENTENCE OF 14 YEARS OR MORE.
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