SCHEDULES
SCHEDULE 10Devolution issues
Part VGeneral
Bail and legal aid in criminal proceedings
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1
Sub-paragraph (3) applies where a devolution issue arises in proceedings against a person (“the defendant”) for an offence and the issue is referred to the Court of Appeal in Northern Ireland under paragraph 7.
2
Sub-paragraphs (3) and (4) apply where such an issue arises in such proceedings and—
a
the issue is referred by the Court to the Judicial Committee under paragraph 9 or 33; or
b
the issue is determined by the Court under paragraph 7 and—
i
an appeal to the Committee against the determination is brought under paragraph 10; or
ii
an application for leave to bring such an appeal is made to the Court under that paragraph.
3
The Court may, if it thinks fit, on the application of the defendant, admit him to bail pending the determination of the reference, appeal or application.
4
The Court may at any time when it appears to the Court—
a
that it is desirable in the interests of justice that the defendant should have legal aid; and
b
that he has not sufficient means to obtain that aid,
assign to him a solicitor and counsel, or counsel only, in the reference, appeal or application.
5
If, on a question of granting a person free legal aid under sub-paragraph (4), there is a doubt—
a
whether it is desirable in the interests of justice that he should have legal aid; or
b
whether he has sufficient means to obtain that aid,
the doubt shall be resolved in favour of granting him free legal aid.
6
The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under sub-paragraph (4) shall be defrayed, up to an amount allowed by the Master (Taxing Office), by the Lord Chancellor out of money provided by Parliament.