Assigning solicitors and counsel: free legal aid in the magistrates' courtN.I.
3.—(1) When granting a criminal aid certificate under Article 28(1) or 28A of the Order, a magistrates' court shall, after taking into account any representations which the applicant may make, assign a solicitor who is practising in Northern Ireland and is willing to undertake the defence of legally aided persons in criminal cases.
(2) The assisted person shall be entitled to the services of any solicitor assigned under paragraph (1).
(3) Where, in the case of an indictable offence, a magistrates' court has thought fit to direct that the assisted person shall have counsel assigned under Article 28(2) of the Order, any member of the Bar who is practising in Northern Ireland and is willing to appear as counsel for legally aided persons in criminal cases may be instructed, on behalf of the assisted person, by the solicitor assigned under paragraph (1).
(4) Any member of the Bar instructed as provided under paragraph (3) shall, for the purposes of The Magistrates' Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009 M1, be regarded as having been assigned in pursuance of a criminal aid certificate under Article 28(2) of the Order.
(5) Any criminal aid certificate which may have been granted to a person under Article 28 of the Order shall cease to have effect upon the granting of a criminal aid certificate to that person under Article 28A of the Order in respect of the same charge or subject-matter.
Marginal Citations
M1S.R. 2009 No. 313