- (d) the references in sections 5(10) and 8(4) to magistrates’ courts rules were references to coroners’ rules.
Legal aid for bail decisions in certain cases and for persons kept in custody for inquiries or reports.
1974 c. 4.
11.—(1) Part II of the Legal Aid Act 1974 shall have effect subject to the amendments made by this section.
(2) In section 28(1) (exercise of powers to grant legal aid), for the words “subsections (2) to (4)” there shall be substituted the words “subsections (1A) to (4)”.
(3) At the end of section 28(2) (power of magistrates’ court to make a legal aid order in criminal proceedings), there shall be added the words “or, in the circumstances mentioned in paragraph (c) of section 29(1) below, for the purpose of so much of those proceedings as relates to the grant of bail”.
(4) After paragraphs (a) and (b) of section 29(1) (which specify the cases in which a legal aid order must be made if a person’s means qualify him for it), there shall be added a paragraph (preceded by the word “or”) as follows—
- “(c) where a person charged with an offence before a magistrates’ court is brought before the court in pursuance of a remand in custody on an occasion when he may be again remanded or committed in custody and is not (but wishes to be) legally represented before the court, not having been legally represented before the court when he was so remanded”.
(5) After paragraph (c) of section 29(1) inserted by subsection (4) above, there shall be added a further paragraph (preceded by the word “or”) as follows—
- “(d) where a person who is to be sentenced or dealt with for an offence by a magistrates’ court or the Crown Court is to be kept in custody to enable inquiries or a report to be made to assist the court in sentencing or dealing with him for the offence;”
(6) After section 29(1) there shall be inserted the following subsection—
- “(1A) Nothing in subsection (1) above shall require a magistrates’ court, in the circumstances mentioned in paragraph (c) of that subsection, to order that the person charged before it be given legal aid for the purposes of the proceedings before that court and any juvenile court (as distinct from legal aid for the purpose of so much of those proceedings as relates to the grant of bail) or, in those circumstances, to make a legal aid order after the conviction of that person.”;
