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The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006
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Legal aid
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42.—(1) The Court of Appeal may assign to the offender (whether he is appellant or respondent in the appeal) a solicitor or counsel, or counsel only, in the case of an appeal, or of proceedings preliminary or incidental to such an appeal, at any time when it appears to the Court—
(a)that it is desirable in the interests of justice that the offender should have legal aid, and
(b)that he does not have sufficient means to enable him to obtain that aid.
(2) If on a question of granting an offender free legal aid under this article there is doubt as to the matters in paragraph (1)(a) or (b) the doubt shall be resolved in favour of granting him free legal aid.
(3) The fees of any counsel, and the expenses and fees of any solicitor, assigned to the offender by virtue of this article, in either case up to an amount allowed by the House of Lords shall be paid by the Lord Chancellor.
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