s.4Scope of legal aid
4
Section 4Part 1 — PRELIMINARY

Scope of legal aid

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Legal aid may be granted in proceedings before a court in the following cases —
criminal proceedings on indictment;
criminal summary proceedings;
subject to subsections (3) and (5), civil proceedings in the Grand Court or a summary court; and
appeals in criminal and, subject to subsections (3) and (5), civil cases.
For the purposes of subsection (1), legal aid in respect of proceedings before a court extends to any proceedings incidental to such proceedings, including bail proceedings, whether before that or another court.
Legal aid may be granted in family law proceedings but only if those proceedings involve questions of —
residence of a child,
contact with a child;
access to a child;
adoption of a child; or
maintenance of a child or other financial relief for the benefit a child.
In subsection (3), "family law proceedings" means proceedings brought under —
the Adoption of Children Law (2003 Revision);
the Affiliation Law (1995 Revision);
the Children Law, (2012 Revision);
the Maintenance Law (1996 Revision);
the Matrimonial Causes Law (2005 Revision); and
the Succession Law (2006 Revision).
Legal aid shall not be granted in the following proceedings —
proceedings wholly or partly in respect of defamation;
relator actions;
proceedings relating to any election; or
proceedings in respect of other prescribed areas of civil law.
Subject to sections 5, 17 and 19, legal aid may be granted to individual natural persons of the following categories —
accused persons in criminal trials;
persons who are questioned or detained at a police station, correctional institution and other similar place;
persons who are bailed to attend at a police station;
appellants (including applicants for leave to appeal) in appeals against conviction or sentence and respondents to criminal appeals by prosecutors; and
parties in civil proceedings and civil appeals, including legal guardians, guardians ad litem or persons who have power of attorney to act on behalf of children and persons under a physical or mental disability.
Subject to sections 5, 17 and 19, legal aid may be granted in such special circumstances as appear sufficient to the Director, to any individual natural person for the purpose of enabling him to appeal, or to apply for leave or special leave to appeal, to Her Majesty in Council from a decision of the Court of Appeal or to respond to any such appeal or application by the prosecution.
Where legal aid is granted under subsection (7) it shall include the necessary disbursements made on behalf of the assisted person with the approval of the Director.

Cross References

Referenced By