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Grant of legal aid certificates is quashed in respect of offences for which it was not applied for

By: James Cross BL

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High Court, in proceedings where the accused appeared in the District Court in respect of four offences but applied for legal aid in respect of one offence only, grants judicial review of the decision of the District Court to grant the accused four certificates for legal aid, on the grounds that there had only been an application for legal aid in respect of one of the offences, and before a legal aid certificate can be granted, there has to be an application.

Judicial review – criminal law – Criminal Legal Aid - appeared in District Court in respect of four separate and distinct charges – applied for legal aid in respect of one of the four offences – Judge granted legal aid in respect of all offences – Criminal Legal Aid – level of remuneration - seeking to quash the District Court’s decision to grant legal aid in respect of offences where there was no application for legal aid - the statutory provision under which certificates of legal aid are granted by the District Court - before a legal aid certificate can be granted, there has to be an application – judicial review granted.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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