Article 26 Grant of right to representation by court
A court before which any relevant proceedings take place, or are to take place, has power to grant a right to representation in respect of those proceedings except in such circumstances as may be prescribed.
Where a right to representation is granted for the purposes of relevant proceedings then, subject to paragraph (4)—
it includes the right to representation for the purposes of any related bail proceedings and any preliminary or incidental proceedings; and regulations may make provision specifying whether any proceedings are or are not to be regarded as preliminary or incidental; and
it includes the right to such advice and assistance, as to any appeal, as may be prescribed.
A court also has power to grant a right to representation for the purposes of relevant proceedings before another court in such circumstances as may be prescribed.
A court has power to grant representation for a limited period, for the purposes of specified proceedings only or for the purposes of limited aspects of proceedings, and to vary or remove any limitation imposed on representation.
Regulations may make provision—
as to the form of any application for a grant of a right to representation under this Article;
as to the information which must be supplied with any such application;
as to the form of any grant of a right to representation under this Article;
requiring the court granting a right to representation under this Article to indicate the grounds on which the right was granted.
The refusal of a right to representation before a hearing shall not prevent the applicant being granted a right to representation at the hearing.
A right to representation in respect of proceedings may be withdrawn by any court before which the proceedings take place; and a court must consider whether to withdraw a right to representation in such circumstances as may be prescribed.
In this Article “court” includes any body before which relevant proceedings take place.