Criminal Procedure Act 2010
|
Amendment of Act of 1962. |
11.— The Act of 1962 is amended— | |
(a) by the insertion of the following section after section 6B: | ||
“Legal aid (re-trial order) certificate. | ||
6C.— (1) Where— | ||
(a) an application for a re-trial order has been made in relation to a person, and | ||
(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (re-trial order) certificate’) is granted in respect of him or her by the Court of Criminal Appeal, | ||
the person shall be entitled to free legal aid in the preparation and conduct of his or her case in relation to an application under section 8 or 9 of the Criminal Procedure Act 2010 and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act. | ||
(2) A legal aid (re-trial order) certificate shall be granted in relation to a person in respect of whom an application under section 8 or 9 of the Criminal Procedure Act 2010 has been made if (but only if)— | ||
(a) an application is made therefor, | ||
(b) it appears to the Court of Criminal Appeal that— | ||
(i) the means of the person are insufficient to enable him or her to obtain legal aid, and | ||
(ii) it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of his or her case in relation to the application for a re-trial order. | ||
(3) In this section ‘application for a re-trial order’ has the meaning it has in section 7 of the Criminal Procedure Act 2010.”, | ||
(b) in section 7, by the addition of the following subsection: | ||
“(4) Where a legal aid (re-trial order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s case in relation to the application to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.”, | ||
and | ||
(c) in section 9(2), by the substitution of “, a legal aid (protection of persons order) certificate or a legal aid (re-trial order) certificate” for “or a legal aid (protection of persons order) certificate”. |