Section 7: Legal aid in criminal appeals
as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.
7. Legal aid in criminal appeals
(1) Where the subordinate court sentences a convicted person, it shall, where the
convicted person was not represented by a barrister or the convicted person was represented
by a barrister by virtue of legal aid, inform the convicted person in a language in which he is
conversant that, in case he wishes to make an appeal against its final decision, he may make
an application for legal aid under this Act, and such fact shall be so recorded by the Court.
(2) Where, pursuant to subsection (1), the convicted person wishes to obtain legal aid
to enable him to appeal against the final decision of the subordinate court, he shall –
(a) inform the subordinate court, orally or in writing, of his intention to appeal;
and
(b) apply, in the form set out in the Schedule, for the grant of legal aid.
(3) The subordinate court –
(a) shall, on an application under subsection (2)(b), order that execution of
judgment be stayed pending a decision on the application for legal aid; and
(b) may, depending on the circumstances of the case, by order –
(i) remand the applicant in custody;
(ii) release the applicant on parole with or without a requirement that the
applicant report to a police station at specified intervals.
(4) The subordinate court may issue execution of judgment where –
(a) it is satisfied, after an enquiry made by it under section 6(2)(a), that the
applicant is not qualified for legal aid; or
(b) the applicant fails to comply with any order made by it under subsection
(3)(b)(ii).
(5) This section shall be in addition to, and not in derogation from, any other enactment
relating to appeals in criminal matters made from the subordinate court to the Appellate Court.