Access to Justice (Northern Ireland) Order 2003

Individuals to whom right to representation may be granted N.I.

25.—(1) A right to representation may be granted—

(a) for the purposes of any kind of proceedings specified in paragraph (2), to an individual such as is mentioned in that paragraph in relation to that kind of proceedings;

(b) to an individual for the purposes of enabling him to resist an appeal in proceedings specified in paragraph (2) otherwise than in an official capacity;

(c) for the purposes of a diversionary youth conference, to a child with respect to whom the conference has been, or is to be, convened,

(d) to an individual for the purposes of proceedings concerning him which are of such a kind, and are before such court or other body, as may be prescribed,

and in this Order proceedings mentioned in paragraphs (a) to (d) are referred to as “relevant proceedings”.

(2) The proceedings referred to in paragraph (1)(a) and (b) are—

(a) proceedings before any court for dealing with an individual accused of an offence,

(b) proceedings before—

(i) any court, or

(ii) the [F1 Parole Commissioners for Northern Ireland],

for dealing with an individual convicted of an offence (including proceedings in respect of a sentence or order),

[F2 (c) proceedings for dealing with an individual under Part I or II of the Extradition Act 2003 (c.41);]

(d) proceedings for binding an individual over to keep the peace or to be of good behaviour under Article 127 of the Magistrates' Courts (Northern Ireland) Order 1981, and for dealing with an individual who fails to comply with an order under that Article,

(e) proceedings on an appeal brought by an individual under section 47A of the Criminal Appeal (Northern Ireland) Act 1980F3 ,

(f) proceedings for contempt committed, or alleged to have been committed, by an individual in the face of a court, and

(g) proceedings for dealing with an individual in respect of whom an application has been made under—

(i) Article 44 or 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989F4 , or

(ii) paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000F5 ,

but do not include any proceedings for a writ of habeas corpus or other prerogative remedy.

[F2 (h) proceedings under Part XIIIA of the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 (No. 8).]

F1 Words in art. 25(2)(b)(ii) substituted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 11; S.R. 2008/217, art. 2, Sch. paras. 16, 18(e) (subject to art. 3)

F2 2005 NI 15

F3 1980 c. 47

F4 1989 NI 12

F5 2000 c. 11

Commencement Information

I1 Art. 25(1)(a)(b)(2)(b)(i)(e)(f) in operation at 1.5.2015 by S.R. 2015/237, art. 2, Sch. 1 (with arts. 2(2), 3)