(4) Pending the determination of an application under subsection (1), the Chief Public Defender may despite that subsection approve an application for criminal defence aid, and issue a Grant of Aid on a provisional basis to an applicant in connection with any proceedings, if the Chief Public Defender is of the opinion that—
- (a) the applicant requires criminal defence aid as a matter of
urgency;
- (b) subsection (1)(b) applies; and
- (c) subsection (1)(a), (c) and (d) is likely to apply.
(5) Despite subsection (1), where the requirements of subsection (1)(a), (b), (c) and (d) are satisfied in relation to an application, the Chief Public Defender may instead of approving the application and issuing a Grant of Aid to the applicant under that subsection, refer the application to any body or organisation providing pro bono legal services that the Chief Public Defender considers suitable.
(6) A referral under subsection (5) in respect of an application does not prevent the Chief Public Defender from subsequently approving the application and issuing a Grant of Aid to the applicant under subsection (1), if the Chief Public Defender considers it appropriate in the circumstances.
(7) Despite this section, the Minister may do either of the following:
- (a) authorise the Chief Public Defender to issue a Grant of Aid to an individual in connection with any proceedings, if the Minister is of the opinion that it is in the interests of justice that criminal defence aid be granted to the individual in that connection;
- (b) direct the Chief Public Defender to approve an application for criminal defence aid, and issue a Grant of Aid under subsection (1) or (4) to an applicant, even though the Chief Public Defender is of the opinion that—
- (i) the applicant does not satisfy; or
