3
SUNDAY, MARCH 17. 1985
ONCE LEGAL AID IS GRANTED, THE DIRECTOR WILL ASSIGN THE CASE EITHER TO A PRIVATE SOLICITOR OR A BARRISTER EXPERIENCED IN THE CONDUCT OF SUCH CASES, OR TO ONE OF HIS OWN PROFESSIONAL OFFICERS.
AN APPLICANT FOR LEGAL AID IN A CIVIL CASE CAN NOMINATE THE LAWYER OF HIS OWN CHOICE TO REPRESENT HIM AND PROVIDED THAT THAT LAWYER IS ON THE LEGAL AID PANEL AND IS AVAILABLE TO CONDUCT THE CASE, HE WOULD BE ASSIGNED TO ACT FOR THE AIDED PERSON. THE LAWYER THUS ASSIGNED IS PAID BY THE DIRECTOR OF LEGAL AID FOR ALL FEES INCURRED ON BEHALF OF THE AIDED PERSON.
+ THE LEGAL AID DEPARTMENT KEEPS UNDER REVIEW THE LEVEL OF ELIGIBILITY FOR LEGAL AID WHICH WAS LAST AMENDED IN JANUARY 1983 BUT ANY INCREASES ARE SUBJECT TO AVAILABILITY AND PRIORITY OF GOVERNMENT FUNDS, MR MOSS SAID.
LEGAL AID IS AVAILABLE FOR A WIDE RANGE OF CIVIL PROCEEDINGS IN THE DISTRICT COURTS, HIGH COURT AND COURT OF APPEAL AND IS ALSO AVAILABLE FOR CERTAIN TENANCY MATTERS IN THE LANDS TRIBUNAL AND FOR APPEALS TO THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
IN LONDON.
CLAIMS FOR COMPENSATION ARISING OUT OF ACCIDENTS AT WORK, EMPLOYEES' COMPENSATION AND ROAD ACCIDENT CLAIMS TOGETHER WITH EVERY BRANCH OF FAMILY LAW, RANGING FROM DIVORCE, SEPARATION, MAINTENANCE AND CUSTODY OF CHILDREN ALL LIE WITHIN THE SCOPE AND JURISDICTION OF THE LEGAL AID DEPARTMENT.
ACTIONS IN BANKRUPTCY AND COMPANIES WINDING-UP PROCEEDINGS ARE ALSO UNDERTAKEN AND THE MAJORITY OF THESE CASES ARE OF CONSIDERABLE SOCIAL IMPORTANCE SINCE THEY DEAL IN THE MAIN WITH EMPLOYEES' WAGES AND SEVERANCE PAY CLAIMS.
FOR CRIMINAL PROCEEDINGS, LEGAL AID IS AVAILABLE IN THE DISTRICT COURTS, THE HIGH COURT AND THE COURT OF APPEAL AND IN EXCEPTIONAL CIRCUMSTANCES TO THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL IN LONDON.
INVARIABLY, LEGAL AID IS GRANTED FOR HIGH COURT CRIMINAL TRIALS SUBJECT TO THE MEANS TEST BECAUSE OF THE SEVERITY OF THE CHARGES, COUPLED WITH THE GRAVITY OF THE SENTENCE UPON CONVICTION, LEGAL AID CAN ALSO BE GIVEN TO CONDUCT PLEAS IN MITIGATION OF SENTENCE.
FOR APPEALS AGAINST CONVICTION FOR MURDER LEGAL AID IS MANDATORY BUT FOR ALL OTHER CRIMINAL APPEALS INCLUDING THOSE FROM THE DECISIONS OF MAGISTRATES, THE DIRECTOR OF LEGAL AID WILL PROVIDE REPRESENTATION SUBJECT TO THE MEANS TEST AND TO THE EXISTENCE OF ARGUABLE GROUNDS OF APPEAL.
/MR MOSS