HL Deb 22 July 1986 vol 479 c195

12 Page 16, line 39, at end insert— 'shall include—

  1. (a) the offence is such that if proved it is likely that the court would impose a sentence which would deprive the accused of his liberty or lead to loss of his livelihood;
  2. (b) the determination of the case may involve consideration of a substantial question of law, or of evidence of a complex or difficult nature;
  3. (c) the accused may be unable to understand the proceedings or to state his own case because of his age, inadequate knowledge of English, mental illness, other mental or physical disability or otherwise;
  4. (d) it is in the interests of someone other than the accused that the accused be legally represented;
  5. (e) the defence to be advanced by the accused does not appear to be frivolous;
  6. (f) the accused has been remanded in custody pending trial.

(4) The Secretary of State may, by regulations made under this section vary the factors listed in subsection (3) above by amending factors in the list or by adding new factors to the list.

(5) The Board shall establish a procedure under which any person whose application for criminal legal aid in summary proceedings has been refused may apply to the Board for a review of his application.

(6) Where a person who is being prosecuted under summary procedure is not represented by a solicitor or counsel and has either—

  1. (a) not applied for criminal legal aid in connection with proceedings; or
  2. (b) applied for criminal legal aid but been refused it on the grounds that it is not in the interests of justice,
the court at the trial diet may, if it considers that owing to the exceptional circumstances of the case it would be inequitable to proceed with the trial without such representation and without legal aid being made available to him, adjourn the diet to enable an application for legal aid to be made to the Board which shall consider the application expeditiously.

(7) Where the trial of an accused person is adjourned as is mentioned in subsection (6) above, and he has made an application to the Board, criminal legal aid shall be available to him until his application is determined by the Board.

(8) Where any person to whom criminal legal aid has been made available in pursuance of subsection (7) above has his application for criminal legal aid under subsection (6) above refused by the Board on the ground that it is satisfied that subsection (1)(a) above does not apply in his case, the Board may require him to pay to the Fund the whole or part of the amount of any sums paid out of the fund under section 4(2)(a) of this Act in respect of the criminal legal aid so made available.'.

Lord Cameron of Lochbroom

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 12, to which I have already spoken.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Cameron of Lochbroom.)

On Question, Motion agreed to.