Page 1170 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
Court that—
(a) the person’s means are insufficient to enable him to obtain legal aid, and
(b) it is desirable in the interests of justice that the person should be granted free legal
aid.
(8) If the High Court allows an appeal under subsection (3) it must grant free legal aid to the
person in connection with the proceedings under Part 1 or Part 2 before it.
(9) If on a question of granting free legal aid under this section or of allowing an appeal under
subsection (3) there is a doubt as to whether—
(a) the person’s means are insufficient to enable him to obtain legal aid, or
(b) it is desirable in the interests of justice that the person should be granted free legal
aid, the doubt must be resolved in favour of granting him free legal aid.
(10) References in this section to granting free legal aid to a person are to assigning to him—
(a) a solicitor and counsel, or
(b) a solicitor only, or
(c) counsel only.
185- Free legal aid: supplementary
(1) The provisions of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I.
1981/228 (N.I. 8)) listed in subsection (2) apply in relation to free legal aid under section 184 in
connection with proceedings before the appropriate judge or the High Court as they apply in
relation to free legal aid under Part III of the Order.
(2) The provisions are—
(a) Article 32 (statements of means);
(b) Article 36(1) (payment of legal aid);
(c) Article 36(3) and (4) (rules);
(d) Article 36A (solicitors excluded from legal aid work);
(e) Article 37 (remuneration of solicitors and counsel);
(f ) Article 40 (stamp duty exemption).
(3) As so applied those Articles have effect as if—
(a) a person granted free legal aid under section 184 had been granted a criminal aid
certificate under Part III of the Order;
(b) section 184 were contained in Part III of the Order.