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Clause 22—(Cost Of Legal Aid In Other Courts)

Volume 465: debated on Wednesday 25 May 1949

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I beg to move, in page 21, line 36, at the end, to insert:

"(4) Where after the commencement of this Part of this Act free legal aid is granted under section one of the Poor Prisoners' Defence Act, 1930, or under section two of the Summary Jurisdiction (Appeals) Act, 1933, the costs which are directed to be paid out of local funds shall be treated as including sums for any fees and disbursements of the solicitor assigned in respect of work reasonably undertaken by him in giving notice of appeal or of an application for leave to appeal, or applying for a case to be stated, and in matters preliminary thereto, being work done within the ordinary time for giving the notice or making the application for the case to be stated; and where counsel is also assigned the said sums may include the solicitor's costs in obtaining the counsel's opinion as to the appeal or application or matters connected therewith."
This is a somewhat similar provision, to enable the solicitor who has acted for an assisted litigant on trial on indictment or on appeal to the court of quarter sessions to advise on, and to take the necessary preliminary steps with a view to, appeal either to the Court of Criminal Appeal, if the trial was on indictment, or to the High Court after appeal to quarter sessions by way of case stated. There again the time is limited, and it is right that the solicitor already acting should be entitled to continue the case.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Bill reported with Amendments; as amended (in the Standing Committee and on re-committal), considered.