Article 29 Criteria for grant of right to representationI1

Northern Ireland

(1)

Any question as to whether a right to representation should be granted or extended, or whether a limitation on representation should be imposed, varied or removed, shall be determined according to the interests of justice.

(2)

In deciding what the interests of justice consist of in relation to any individual, the following factors must be taken into account—

(a)

whether the individual would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer serious damage to his reputation,

(b)

whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law,

(c)

whether the individual may be unable to understand the proceedings or to state his own case,

(d)

whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual, and

(e)

whether it is in the interests of another person that the individual be represented.

(3)

The Lord Chancellor may by order amend paragraph (2) by adding new factors or varying any factor.

(4)

A right to representation shall always be granted in such circumstances as may be prescribed.

Annotations

Commencement

I1: Art. 29 in operation at 1.5.2015 by S.R. 2015/237, art. 2, Sch. 1 (with arts. 2(2), 3)

Notes on Part 2

Textual amendments

F1: Pt. II heading substituted (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 6(3) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(e)