PUBLIC DEFENDERS
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- (ii) the applicant is not likely to satisfy, the prescribed means criteria, if the Minister is of the opinion that it is just and proper that criminal defence aid be granted to the applicant.
(8) Despite section 8(1), a Grant of Aid to be issued by the Chief Public Defender under subsection (1), (4) or (7) to an applicant may extend to any proceedings in respect of an excluded offence if—
- (a) the applicant faces charges for 2 or more offences (one or more of which is an excluded offence) in the criminal proceedings mentioned in subsection (1)(b)(i) before the court; or
- (b) the criminal appeal or criminal application for which the applicant is to be issued a Grant of Aid arises from the proceedings mentioned in paragraph (a).
(9) For the purposes of subsection (7)(b), the Minister may authorise any person (including a panel of persons), with such qualifications and experience as the Minister considers appropriate in relation to assessing the financial circumstances of an applicant, to exercise the power under that provision.
(10) An authorisation under subsection (9)—
- (a) may be subject to any conditions and restrictions that the Minister may specify in writing; and
- (b) does not prevent the Minister from exercising the power under subsection (7)(b).
(11) Once an authorisation is made under subsection (9), the Minister must—
- (a) cause a copy of the authorisation to be given to the authorised person; and
- (b) without delay cause to be published a notice of the making and giving of the authorisation in the Gazette.
