Article 28A Free legal aid for diversionary youth conferencesF1
Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates' court.
An application under paragraph (1) shall be made—
by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates' court; or
if an application under sub-paragraph (a) is refused, in person to a magistrates' court.
If, on an application made under paragraph (1), it appears to the court that—
the means of the child are insufficient to enable him to obtain legal aid; and
it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference,
the court may grant in respect of him a criminal aid certificate.
A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have—
a solicitor; and
subject to paragraph (5), counsel,
assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36.
Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where—
the offence with respect to which the diversionary youth conference is convened is an indictable offence; and
the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.
Annotations
Textual amendments
- F1
Notes on the whole Order
Textual amendments
- F1
Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation, otherwise prosp.) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), arts. 1(2), 49(5), Sch. 5 (with transitional provisions and savings in art. 48, Sch. 3); S.R. 2003/344, art. 4, Sch. 2; S.R. 2006/27, art. 3; S.R. 2015/194, art. 2, Sch. (with transitional provisions and savings in art. 3)
- F2
functions transferred by SI 1982/159
Notes on Part III
Modifications
- C1
Pt. 3 transfer of functions (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), ss. 1(2)(a)(3)(4), 12(1) (with ss. 2(3), 9, Sch. 1 para. 3(3)); S.R. 2015/193, art. 2(a)