TNAG-0684-FCO40-833-Representations-about-Mr-Christopher-Clements-facing-murder--1977 — Page 87

1973 Ed.]

Legal Aid in Criminal Cases Rules

[CAP. 221

D5

[Subsidiary]

(a) all the circumstances of the case and, in particular, any

recommendation of the committing magistrate; and

(b) the disposable resources of the accused person,

and shall not grant the application unless he is satisfied that legal aid is desirable in the interests of justice.

7. (1) Where the Director is satisfied that the accused person should be granted legal aid, the Director shall-

(a) grant him a legal aid certificate; and

(b) assign a solicitor and one or two counsel, one of whom may be leading counsel, as he may think fit, to represent him.

(2) A legal aid certificate-

(a) shall be in accordance with Form 2; and

(b) shall be forwarded by the Director to the accused person with a copy to the appropriate court and to solicitor or counsel assigned under these rules.

8. (1) Where the Director is not satisfied that the accused person should be granted legal aid, the Director shall refuse the application and shall file in the appropriate court a notice of his refusal in accordance with Form 3.

(2) Where the Director has found that the disposable income or the disposable capital of the accused person exceeds the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed.

(3) Where it appears to a judge or District Judge that an accused person appearing before him should be granted legal aid notwithstanding that the Director refused his application, the judge or District Judge may, subject to paragraph (2), grant him a legal aid certificate, and the Director shall thereupon assign a solicitor and one or two counsel, one of whom may be leading counsel, as he may think fit, to represent the accused person.

9. It shall be the duty of solicitor or counsel assigned to an accused person under these rules—

(a) if the accused person is convicted, to give a certificate to the Director as to whether or not in his opinion the accused person has reasonable grounds for an appeal against his conviction or sentence or both and, if so, specifying those grounds; and

(b) if the accused person proposes to appeal, to give notice of appeal or of an application for leave to appeal and to attend to any matter preliminary thereto.

Grant of legal aid certificate.

Form 2.

L.N. 70/73.

Refusal to

grant legal aid. L.N. 70/73.

Form 3.

Duty of solicitor or counsel assigned.