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8.—(1) On the application of an individual, or of its own motion, the Court of Appeal may make a determination under section 16 of the Act as to whether an individual qualifies for representation for the purposes of any criminal proceedings before the Court of Appeal, or criminal proceedings before the Supreme Court on appeal from the Court of Appeal.
(2) A determination made in accordance with paragraph (1)—
(a)must not be made until service of an appeal notice in respect of the proceedings has taken place; and
(b)may specify the stage of the proceedings at which the determination is to take effect.
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