Criminal Justice (Legal Aid) Act, 1962

Legal aid (Supreme Court) certificate.

6.—(1) Where—

(a) a person is charged with an offence,

(b) an appeal is brought to the Supreme Court from a determination of the Court of Criminal Appeal in relation to the offence or the penalty (if any) imposed in respect thereof or from a determination of the High Court on a case stated by a justice in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, and

(c) a certificate for free legal aid (in this Act referred to as a legal aid (Supreme Court) certificate) is granted in respect of the person charged with the offence to which the appeal relates by the Court of Criminal Appeal or the High Court (as the case may be) or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the appeal and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (Supreme Court) certificate shall be granted if (but only if)—

(a) application is made therefor,

(b) it appears to the Court of Criminal Appeal or the High Court (as the case may be) that the means of the person charged with the offence are insufficient to enable him to obtain legal aid, and

(c) in the case of an appeal from a determination of the High Court on a case stated by a justice, it appears to the High Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.

(3) Where a person is refused a legal aid (Supreme Court) certificate, he may apply for the certificate to the Supreme Court either—

(a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or

(b) to the Supreme Court itself,

and the Court shall grant the certificate if (but only if)—

(i) it appears to the Court that the means of the person are insufficient to enable him to obtain legal aid, and

(ii) in the case of an appeal from a determination of the High Court on a case stated by a justice, it appears to the Supreme Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.