Section 14Part 3 — PROVISION OF LEGAL AID
Opportunity for legal advice in criminal proceedings
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Where an unrepresented accused person appears before a summary court charged with a Class A criminal offence, the magistrate shall, before requiring the accused person to plead to the charge or remanding him or otherwise dealing with him according to law —
inform him that he has the right to obtain legal advice from a duty counsel; and
afford him, if he so requests, an opportunity to obtain such advice before he pleads to the charge or, where the charge is one in respect of which he has an election whether to be tried summarily, before he so elects or before any evidence is called.
Where —
an unrepresented accused person appears before a summary court charged with a Class B criminal offence; and
it appears to the magistrate that the interests of justice require that the accused person should have legal advice made available to him,
inform him that such advice can be made available to him by a duty counsel; and
afford him, if he so requests, an opportunity as is described in subsection (1)(b).
As soon as a decision has been made to detain a person at a police station, correctional institution or other similar place, the person in charge of the police station, correctional institution or other similar place, shall inform the person detained that he has a right to obtain advice and representation for the purpose of any interview from a duty counsel or a listed attorney-at-law.
A person who does not have sufficient means to pay for a legal representative in order to exercise his right under subsection (3), shall be informed by the person in charge of the place at which he is detained that he is entitled to legal representation at public expense.
In this section "unrepresented" means not represented by an attorney-at-law.
Defined Terms
unrepresented
Referenced By
- Section 7 — Functions of the Director
duty counsel services circumstances