Page:Public Defenders Act 2022.pdf/14

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(i) is an accused person in any criminal proceedings mentioned in section 8(1)(a); or

(ii) is or is to be an appellant, an applicant, a respondent or a party, in a criminal appeal or criminal application mentioned in section 8(1)(b);

(c) either of the following applies:

(i) in a case where the application for criminal defence aid is in respect of only one or more prescribed offences or offences in one or more prescribed classes of offences—the Chief Public Defender is of the opinion that there are merits to the application because—

(A) the applicant requires legal representation to plead guilty;

(B) there are reasonable grounds for defending the criminal proceedings mentioned in section 8(1)(a); or

(C) there are merits to the criminal appeal or criminal application mentioned in section 8(1)(b), or reasonable grounds for contesting the criminal appeal or criminal application, as the case may be;

(ii) in a case where the application for criminal defence aid is in respect of one or more offences that are not prescribed offences or not offences in one or more prescribed classes of offences—a board (consisting of the Chief Public Defender and at least 2 solicitors appointed to an appropriate panel of solicitors established under section 4) is of the opinion that there are merits to the application because sub-paragraph (i)(A), (B) or (C), whichever is applicable to the applicant’s case, is satisfied; and

(d) the Chief Public Defender is of the opinion that it is appropriate in the circumstances for the Grant of Aid to be issued to the applicant.