PUBLIC DEFENDERS
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(2) For the purposes of subsection (1)(d), the Chief Public Defender is to have regard to, and give any weight that the Chief Public Defender considers appropriate to, any matter that he or she considers relevant, including but not limited to the following:
- (a) whether the applicant is likely to lose his or her personal liberty or livelihood, or to suffer serious damage to his or her reputation, if any matter arising in the proceedings is decided against the applicant;
- (b) whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law;
- (c) whether the proceedings may involve the tracing, interviewing or cross-examination of witnesses on behalf of the applicant;
- (d) whether any benefit may accrue to, or any detriment may be suffered by, the applicant or the public (or a section of the public) if criminal defence aid were to be granted to the applicant;
- (e) whether the issue of the Grant of Aid to the applicant is appropriate taking into account—
- (i) the allocation of resources available to the Public Defender’s Office; and
- (ii) the availability of solicitors appointed to an appropriate panel of solicitors established under section 4.
(3) For the purposes of subsection (2)(d), the benefit or detriment concerned must not be determined by whether the interests of the applicant are, or may be, adverse to the interests of—
- (a) the prosecution; or
- (b) any law enforcement agency (as defined in section 2(1) of the Criminal Procedure Code 2010) that investigated the offence with which the applicant is charged or that charged the applicant with the offence.
