Part I Scheduled Offences

Preliminary enquiries, bail and young persons in custody

3 Legal aid to applicants for bail in case of scheduled offences.
(1) Where it appears to a judge of the High Court or the Court of Appeal—
(a) that a person charged with a scheduled offence intends to apply to be admitted to bail; and
(b) that it is desirable in the interests of justice that that person should have legal aid but that he has not sufficient means to enable him to obtain that aid,
the judge may assign to him a solicitor and counsel, or counsel only, in the application for bail.
Words substituted by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 5, Pt. II(1)
(2) If, on a question of granting a person free legal aid under this section, there is a doubt whether his means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid, the doubt shall be resolved in favour of granting him free legal aid.
(3) Articles 32, 36 and 40 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (statements, payments, rules and stamp duty) shall apply in relation to legal aid under this section as they apply in relation to legal aid under Part III of that Order as if any legal aid under this section were given in pursuance of a criminal aid certificate under Article 29 of that Order.
Words substituted by S. I. 1981/228 (N.I. 8), art. 42(1), Sch. 3
1981/228 (N.I. 8).

Act repealed (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Schedule 8 PartI