Section 184: Grant of free legal aid: Northern Ireland
526.This section gives an appropriate judge and the High Court the power to grant free legal aid to a person in connection with proceedings under Part 1 or 2 of the Act in Northern Ireland (see section 226).
527.Subsection (1) provides for the appropriate judge to grant free legal aid to a person in connection with extradition proceedings before the judge or the High Court. Similarly, a judge of the High Court can grant a person free legal aid in connection with extradition proceedings before that court or the House of Lords (subsection (2)). Where a judge refuses to grant free legal aid in connection with proceedings before the High Court, the person can appeal this decision to the High Court. The High Court may itself then grant free legal aid (subsection (3)). A judge of the High Court may grant free legal aid in connection with proceedings on such an appeal (subsection (4)). On such an appeal the High Court may either allow or dismiss the appeal. If it allows the appeal it must then grant the person free legal aid in connection with the relevant proceedings under Part 1 or 2 of this Act (subsections (6) and (8)).
528.Subsections (5) and (7) set out the criteria on which the judge or court is to decide whether free legal aid is to be granted. The judge or court may grant free legal aid, or allow an appeal against refusal of free legal aid, only where it appears that:
the person's means are insufficient to enable him to obtain legal aid, and
it is desirable in the interests of justice that free legal aid be granted.
529.If, in deciding this question, there is any doubt as to whether either test is satisfied, the decision must be made in the person's favour (subsection (9)).
530.Where this section refers to "free legal aid" it means appointing for the person a solicitor and/or counsel to represent him (subsection (10)).
