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The Serious Crime Act 2007 (Appeals under Section 24) Order 2008

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Legal Aid

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54.—(1) The Court of Appeal may assign to the subject of the serious crime prevention order or a party under section 24(2) (whether that person is appellant or respondent in the appeal) a solicitor and counsel, or counsel only, in the case of an appeal, or proceedings preliminary or incidental to an appeal, at any time when it appears to the Court of Appeal—

(a)that it is desirable in the interests of justice that the person concerned should have legal aid; and

(b)that the person concerned does not have sufficient means to enable that person to obtain that aid.

(2) If on a question of granting a subject of a serious crime prevention order or a party under section 24(2) free legal aid under this article there is doubt as to the matters in sub-paragraph (1)(a) or (b) the doubt shall be resolved in favour of granting that person free legal aid.

(3) The Master shall report to the Court of Appeal or a judge of that Court any case in which it appears to the Master that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to the subject of the serious crime prevention order or a party under section 24(2) under the powers conferred on the Court of Appeal under this article.

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