CAP. 221]
Legal Aid in Criminal Cases Rules
[1973 Ed.
[Subsidiary] Legal aid for appellants.
Grant of appeal aid certificate.
Form 4.
L.N. 70/73.
Refusal to
grant legal aid to appeal.
L.N. 70/73.
Form 3.
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Legal aid in capital cases.
10. Subject to rule 13 in the case of an appellant convicted of a capital charge, in determining an application for legal aid by an appellant the Director shall consider-
(a) all the circumstances of the case and, in particular, the certificate of counsel assigned to represent him at his trial given under rule 9; and
(b) the disposable resources of the appellant,
and shall not grant the application unless he is satisfied that legal aid is desirable in the interests of justice.
11. (1) If the Director is satisfied that the appellant should be granted legal aid, the Director shall-
(a) grant him an appeal aid certificate; and
(b) assign a solicitor and one or two counsel, one of whom may be leading counsel, or solicitor or counsel only, as he may think fit, to represent him.
(2) An appeal aid certificate-
(a) shall be in accordance with Form 4; and
(b) shall be forwarded by the Director to the appellant with a copy to the appropriate court and to solicitor or counsel assigned in accordance with these rules.
12. (1) If the Director is not satisfied that the appellant should be granted legal aid to appeal, the Director shall refuse the applica- tion and shall forward to the Registrar 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 appellant exceeds the relevant amount specified in rule 4, the refusal of the application shall be final and may not be disturbed.
(3) If on an appeal from any conviction, order or determination of a magistrate in respect of or in connexion with any offence, it appears to a judge or, in the case of an appeal to the Full Court, to the court or a judge thereof that an appellant should be granted legal aid notwithstanding that the Director refused his application, the
•Appont judge or the Full Court/may, subject to paragraph (2), grant him an appeal aid certificate, and the Director shall thereupon assign a solicitor and one or two 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; or
(b) is convicted of a capital charge and proposes to appeal
therefrom,
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