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Act of Adjournal (Criminal Legal Aid Rules) 1987

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Discontinuance of entitlement to criminal legal aid

4.—(1) Where the court, before which there are proceedings in which an assisted person is an accused person or appellant, after hearing that person, is satisfied–

(a)that that person–

(i)has without reasonable cause failed to comply with a proper request made tohim by the solicitor acting for him to supply any information relevant to the proceedings;

(ii)has delayed unreasonably in complying with any such request as is mentioned in head (i);

(iii)has without reasonable cause failed to attend at a diet of the court at which he has been required to attend or at a meeting with the solicitor or counsel acting for him under the Act of 1986 at which he has reasonably and properly been required to attend;

(iv)has conducted himself in connection with the proceedings in such a way as to make it appear to the court unreasonable that he should continue to receive criminal legal aid;

(v)has wilfully given false information for the purpose of misleading the court in considering his financial circumstances under section 23(1) of the Act of 1986; or

(vi)has without reasonable cause failed to comply with a requirement of the Regulations; or

(b)that it is otherwise unreasonable for the solicitor to continue to act on behalf of the assisted person in the proceedings,

the court may direct that the assisted person shall cease to be entitled to criminal legal aid in connection with those proceedings.

(2) Where a direction is made under paragraph (1) in the course of proceedings to which section 22 of the Act of 1986 applies, the accused person shall not be entitled to criminal legal aid in relation to any later stages of the same proceedings before the court of first instance.

(3) Where a court issues a direction under paragraph (1), the clerk of court shall send notice of it to the Board.

(4) Where a court of first instance has made a direction under paragraph (1)(a), it shall instruct the clerk of court to report the terms of the finding made by the court to the Board for its consideration in any application for criminal legal aid in an appeal in connection with the proceedings in that court.

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