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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, Section 28A is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order power to amend conferred by 2011 c. 24 (N.I.) Sch. 5 para. 5(a)
- Act rev.in pt. by 1996 c. 25 s.79 Sch.4 paras.19(2) 36
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 28(7)(c) inserted by 2011 c. 24 (N.I.) s. 83(2)(a)
- art. 29(2A) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 3
- art. 29(2A) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 3 by 2022 c. 4 (N.I.) s. 4(9)(c)
[F1Free legal aid for diversionary youth conferencesN.I.
28A.—(1) Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates' court.
(2) An application under paragraph (1) shall be made—
(a)by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates' court; or
(b)if an application under sub-paragraph (a) is refused, in person to a magistrates' court.
(3) If, on an application made under paragraph (1), it appears to the court that—
(a)the means of the child are insufficient to enable him to obtain legal aid; and
(b)it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference,
the court may grant in respect of him a criminal aid certificate.
(4) A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have—
(a)a solicitor; and
(b)subject to paragraph (5), counsel,
assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36.
(5) Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where—
(a)the offence with respect to which the diversionary youth conference is convened is an indictable offence; and
(b)the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.]
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