SCHEDULES
SCHEDULE 10 Devolution issues
Part V General
Bail and legal aid in criminal proceedings
39
1
Sub-paragraph (3) applies where a devolution issue arises in proceedings against a person (“the defendant”) for an offence and the issue is referred to the Court of Appeal in Northern Ireland under paragraph 7.
2
F6Sub-paragraph (3) applies where such an issue arises in such proceedings and—
3
The F1Court of Appeal may, if it thinks fit, on the application of the defendant, admit him to bail pending the determination of the reference, appeal or application.
4
a
that it is desirable in the interests of justice that the defendant should have legal aid; and
b
that he has not sufficient means to obtain that aid,
assign to him a solicitor and counsel, or counsel only, in the reference, appeal or application.
5
If, on a question of granting a person free legal aid under sub-paragraph (4), there is a doubt—
a
whether it is desirable in the interests of justice that he should have legal aid; or
b
whether he has sufficient means to obtain that aid,
the doubt shall be resolved in favour of granting him free legal aid.
C16
The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under sub-paragraph (4) shall be defrayed, up to an amount allowed by the Master (Taxing Office), by the Lord Chancellor F5....
40
Where a devolution issue arises as mentioned in sub-paragraph (1) of paragraph 39 and—
a
the issue is referred to the F3Supreme Court under paragraph 9 or 33; or