- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (12/04/2010)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/09/2012
Point in time view as at 12/04/2010.
There are currently no known outstanding effects for the Extradition Act 2003, Cross Heading: Legal aid.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Commencement Information
I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
In section 12(2) of the Access to Justice Act 1999 (c. 22) (meaning of “criminal proceedings”) for paragraph (c) substitute—
“(c)proceedings for dealing with an individual under the Extradition Act 2003,”.
Commencement Information
I2Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
The provisions of the Legal Aid (Scotland) Act 1986 (c. 47) apply—
(a)in relation to proceedings in Scotland before the appropriate judge under Part 1, 2 or 5 of this Act as those provisions apply in relation to summary proceedings;
(b)in relation to any proceedings on appeal arising out of such proceedings before the appropriate judge as those provisions apply in relation to appeals in summary proceedings.
Commencement Information
I3Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
(1)The appropriate judge may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the judge or the High Court.
(2)A judge of the High Court may grant free legal aid to a person in connection with proceedings under Part 1 or Part 2 before the High Court or the [F1Supreme Court]F1.
(3)If the appropriate judge refuses to grant free legal aid under subsection (1) in connection with proceedings before the High Court the person may appeal to the High Court against the judge’s decision.
(4)A judge of the High Court may grant free legal aid to a person in connection with proceedings on an appeal under subsection (3).
(5)Free legal aid may be granted to a person under subsection (1), (2) or (4) only if it appears to the judge 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.
(6)On an appeal under subsection (3) the High Court may—
(a)allow the appeal;
(b)dismiss the appeal.
(7)The High Court may allow an appeal under subsection (3) only if it appears to the High 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.
Textual Amendments
F1Words in s. 184 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(n); S.I. 2009/1604, art. 2(d)
Commencement Information
I4Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
(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.
(4)The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under section 184 in connection with proceedings before the [F2Supreme Court]F2 must be paid by the [F3Department of Justice in Northern Ireland]F3.
(5)The fees and expenses paid under subsection (4) must not exceed the amount [F4allowedF4][F5 by the Supreme Court or under Supreme Court Rules.F5]
(6)For the purposes of section 184 and this section the appropriate judge is—
(a)such county court judge or resident magistrate as is designated for the purposes of Part 1 [F6under section 67]F6, if the proceedings are under Part 1;
(b)such county court judge or resident magistrate as is designated for the purposes of Part 2 [F7under section 139]F7, if the proceedings are under Part 2.
Textual Amendments
F2Words in s. 185(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(5)(a); S.I. 2009/1604, art. 2(d)
F3Words in s. 185(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 70(4) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F4Word in s. 185(5) inserted (25.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116, Sch. 7 para. 117; S.I. 2009/3096, art. 3(v)(x)
F5Words in s. 185(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(5)(b); S.I. 2009/1604, art. 2(d)
F6Words in s. 185(6)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 355(a); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)
F7Words in s. 185(6)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 355(b); S.I. 2006/1014, art. 2(a) Sch. 1 paras. 10, 11(cc)
Commencement Information
I5Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys