Poor Prisoners' Defence Act 1930
| Jurisdiction | UK Non-devolved |
| Citation | 1930 c. 32 |
| Year | 1930 |
Poor Prisoners' Defence Act, 1930
(20 & 21 Geo. 5.) CHAPTER 32.
An Act to make better provision for the defence of poor persons in criminal cases.
[1st August 1930]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Defence of poor persons committed for trial.
(1) Any person committed for trial for an indictable offence shall be entitled to free legal aid in the preparation and conduct of his defence at the trial and to have solicitor and counsel assigned to him for that purpose in the prescribed manner, if a certificate (in this Act referred to as a ‘defence certificate’) is granted in respect of him in accordance with the provisions of this section.
(2) Subject to the provisions of this section, a defence certificate may be granted in respect of any person—
(a ) by the committing justices, upon his being committed for trial; or
(b ) by the judge or chairman of the court before which he is to be tried, at any time after reading the depositions,
and such justices, judge, or chairman are in this section referred to as ‘the certifying authority.’
(3) A defence certificate shall not be granted in respect of any person unless it appears to the certifying authority that his means are insufficient to enable him to obtain such aid, but where it so appears to the certifying authority, that authority—
(a ) shall grant a defence certificate in respect of any person committed for trial upon a charge of murder; and
(b ) may grant a defence certificate in respect of any person committed for trial upon any other charge if it appears to the certifying authority, having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up), that it is desirable in the interests of justice that he should have legal aid in the preparation and conduct of his defence at the trial.
2 Legal aid before courts of summary jurisdiction.
2. If it appears to a court of summary jurisdiction or examining justices that the means of any person charged before them with any offence are insufficient to enable him to obtain legal aid and that by reason of the gravity of the charge or of exceptional circumstances it is desirable in the interests of justice that he should have free legal aid in the preparation and conduct of his defence before them, the court or justices may grant in respect of him a certificate (in this Act referred to as a ‘legal aid certificate’), and thereupon he shall be entitled to such aid and to have a solicitor and (where he is charged with murder and the justices think fit) counsel assigned...
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