Article 33 Report on means of applicant for free legal aid
Northern Ireland
Where a person has applied for free legal aid and has furnished a statement of means under Article 32(1) the court having power to grant a certificate entitling him to such legal aid may, before or after the granting of the certificate, require theF1 Department for Social Development to arrange for an officer of that Department to enquire into the means of that person and where such a request is made that Department shall comply with it and arrange for the officer to make a report to the court.
Where the court receives a report under paragraph (1) before a certificate is granted, it shall, in determining whether or not to grant the certificate, have regard to the report and where the court receives such a report after a certificate has been granted, it may revoke the certificate if it appears to the court that the person to whom the certificate was granted—
wilfully withheld material information from the court; or
knowingly made a false statement in furnishing information to the court; or
furnished to the court, due to error or mistake, a statement of means which was misleading to a significant extent.
Where a certificate is revoked under paragraph (2), the cost of legal aid incurred to the date of revocation may be recovered from the person to whom the certificate was granted (or if such person was a child or young person, the parent or guardian) as a civil debt due to the Crown and a county court notwithstanding any limitation imposed on its jurisdiction under any statutory provision shall have jurisdiction to hear and determine any action brought to recover such cost.
Paragraph (3) does not apply in relation to a person who is already subject to an order under Article 33A(1) in respect of the cost of legal aid incurred.
Annotations
Textual amendments
- F1
- F2
Art. 33(4) inserted (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 81(3), 111(3); S.R. 2012/142, art. 2(b)
Modifications
- C1
Art. 33(1) continued (1.4.2015) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(1), Sch. 2 para. 1(2) (with ss. 2(3), 9, Sch. 1 para. 3(3), Sch. 2 para. 1(2)); S.R. 2015/193, art. 2(e)
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Order repealed (1.11.2003 for the repeals of arts.18(1)-(7), 19, 20.3.2006 the repeal of art. 23, 1.4.2015 for the repeal of Pt. 2 to the extent that it remains in operation,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)