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The Northern Ireland (Sentences) Act 1998 (Sentence Review Commissioners) Rules 1998

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Legal aid

24.—(1) This rule applies to any person who:

(a)is the person concerned in relation to a case;

(b)wishes to become the person concerned in relation to a case by making an application under section 3(1) of the Act; or

(c)wishes to seek advice on becoming the person concerned in relation to a case by making an application under section 3(1) of the Act.

(2) Any person to whom this rule applies, may apply to the Commissioner by way of ancillary application for a direction, referred to in these Rules as a “legal aid direction”, that he be awarded money to pay for legal advice or representation in connection with his being, becoming or seeking advice on becoming the person concerned in relation to a case.

(3) The Commissioners shall have power to give legal aid directions and when doing so they shall specify the extent to which and the terms and conditions on which money is being made available thereby.

(4) Legal aid directions shall have effect to award money which shall be paid, in accordance with the terms of the legal aid direction, by the Secretary of State as provided by paragraph 9(2) of Schedule 2 to the Act.

(5) Where a person to whom paragraph (1)(b) or (1)(c) applies, has applied for a legal aid direction, he shall, for the purposes of appealing against the Commissioner’ ancillary decision on whether to give a legal aid direction, be treated as the person concerned in a case brought by way of an application made under section 3(1) of the Act.

(6) The Commissioners shall not have power to give a legal aid direction which has the effect of awarding money to pay for legal advice or representation in connection with any challenge to a substantive determination.

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