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 F1of 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.

(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)

F2Articles 32, 36 and 40 of the M1Legal 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 F2Part III of that Order as if any legal aid under this section were given in pursuance of a criminal aid certificate under F2Article 29 of that Order.