s.17Grants of certificates generally
17
Section 17Part 3 — PROVISION OF LEGAL AID

Grants of certificates generally

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Subject to section 4, a legal aid certificate may be granted to an applicant by the Director if his disposable income is the prescribed amount or less.
An applicant who —
is charged before a court with any Class A criminal offence; or
is a party to a criminal appeal before a court in connection with any such charge and satisfies the Director that there are reasonable grounds of appeal,
shall, if he qualifies for the grant of a certificate under subsection (1), be entitled as of right to have a certificate granted to him by the Director.
An applicant eligible for legal aid under section 4, other than one entitled as of right under subsection (2) to the grant of a certificate, may, if he qualifies under subsection (1), be granted a certificate by the Director in his discretion and in the exercise of that discretion the Director shall, among other things, consider whether it is in the interests of justice to grant legal aid.
In considering whether it is in the interests of justice to grant legal aid under subsection (3) the Director shall consider the following —
whether, if any matter arising in the proceedings is decided against the person, the person would be likely to lose his liberty or livelihood or to suffer serious damage to his reputation;
whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law;
whether the person may be unable to understand the proceedings or to state his own case;
whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the person; and
whether it is in the interests of another person that the person be represented.
The Director may, in any case of urgency in any criminal proceedings, grant a certificate to an applicant for a temporary period not exceeding twenty-eight days at a time pending the exercise by the Director of his powers under section 16 and the consideration of the grant to the applicant of a certificate under either subsection (2) or subsection (3).

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