Assigning solicitors and counsel: free legal aid in the Crown CourtN.I.
4.—(1) When granting a criminal aid certificate under Article 29(2) of the Order, the certifying authority 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) 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), and, in any case in which the certifying authority has granted a certificate as provided for under paragraph (5)(b), one such member of the Bar and a member of the Bar, being one of Her Majesty's Counsel who is practising in Northern Ireland or a senior counsel practising outside of Northern Ireland, may be so instructed.
(4) Any member of the Bar instructed as provided under paragraph (3) shall, for the purposes of The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 M1, be regarded as having been assigned in pursuance of a criminal aid certificate under Article 29 of the Order.
(5) A criminal aid certificate granted under Article 29 of the Order—
(a)includes representation by one counsel; and
(b)may include representation by two counsel only in the cases specified and in the manner provided for by the following provisions of this rule.
(6) Where the charge is one of murder, or the case appears to present exceptional difficulties, the certifying authority may certify that in its opinion the interests of justice require that the assisted person shall have the services of two counsel.
(7) For the purposes of paragraph (6), the term “exceptional” means that the case for or against the assisted person involves substantial novel or complex issues of law or fact, such that it could not be adequately presented by one counsel.
(8) Every application for a criminal aid certificate in respect of two counsel shall be made in writing, in such form as the Department may direct, specifying:
(a)the terms of the certificate sought and the grounds of the application; and, where the charge is other than murder,
(b)which of the conditions in paragraph (7) is relied upon in support of the certificate sought, and on what grounds it is contended that each such condition is fulfilled.
(9) The certifying authority may, before granting a criminal aid certificate in respect of two counsel, require written advice from any counsel already assigned to the applicant on the question of what representation is needed in the proceedings.
(10) The certifying authority making a decision whether to grant a certificate in respect of two counsel shall record the reason for the decision in writing, in such form as the Department may direct, stating whether each of the conditions relied upon in support of the certificate granted or sought is fulfilled.
(11) Without prejudice to paragraphs (6) and (7), where a judge of the court before which the assisted person is to be tried is of the opinion that in the interests of justice a criminal aid certificate in respect of two counsel must be granted in order to protect the assisted person's rights under the Human Rights Act 1998 M2, the judge shall grant such a certificate.
Marginal Citations
M1S.R. 2005 No. 112, which was amended by S.R. 2009 No. 267 and S.R. 2011 No. 152