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Criminal Appeal (Northern Ireland) Act 1980
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Version Superseded: 01/04/2015
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- 01/02/1991- Amendment
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19 Legal aid.U.K.
(1)The Court of Appeal may at any time, when it appears to the Court in the case of an appeal [F1under this Part of this Act] or proceedings preliminary or incidental thereto that it is desirable in the interests of justice that the appellant should have legal aid and that he has not sufficient means to enable him to obtain that aid, assign to the appellant a solicitor and counsel, or counsel only, in the appeal or proceedings.
[F2(1A)The Crown Court or the Court of Appeal may order that a person shall be given legal aid [F3in respect] of—
(a)an F4. . . appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (appeals against orders or rulings at preparatory hearings) [F5or section 47 of the Criminal Justice Act 2003]; or
[F6(b)any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or
(c)an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.]
[F7(1B)The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 76 of the Criminal Justice Act 2003.]
(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)The Master shall report to the Court or a judge thereof any case in which it appears to him that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to [F8a person] under the powers conferred on the Court by this section.]
Textual Amendments
F1Words in s. 19(1) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(2); S.I. 2006/3422, art. 2(c)
F2S. 19(1A) inserted by S.I. 1988/1846 (N.I. 16), art. 12, Sch. 5 para. 5(1)
F3Words in s. 19(1A) substituted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(3); S.I. 2006/3422, art. 2(c)
F4Words in s. 19(1A)(a) omitted (8.1.2007) and repealed (prosp.) by virtue of Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 Pt. 6 para. 92(4)(a), Sch. 37; S.I. 2006/3422, art. 2(c)(ii)
F5Words in s. 19(1A)(a) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(4)(b); S.I. 2006/3422, art. 2(c)
F6S. 19(1A)(b)(c) substituted (8.1.2007) for s. 19(1A)(b) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(5); S.I. 2006/3422, art. 2(c)
F7S. 19(1B) inserted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(6); S.I. 2005/950, art. 3(2)(c)
F8Words in s. 19(3) substituted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(7); S.I. 2006/3422, art. 2(c)
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