This Act was repealed on 2021-11-09 by Legal Aid Act, 2021.
Legal Aid Act, 1967
- There are multiple commencements:
- [This is the version of this document at 31 December 1996.]
|Part I, section 1–3; Part II, section 6(1), 6(2), 6(3), section 7(3), 7(4); Part III, section 8, section 9, section 10; Part IV (section 11–13); Part V, section 14(c), 14(d); Part VII (section 21–26)||commenced on 3 July 1967.|
|Part VI (in part)||commenced on 20 November 1967.|
|Part I (in part); Part II, section 4–5, section 6, section 7(1), 7(2); Part III, section 10(1), 10(2), 10(3); Part V, section 14(a), 14(b), section 15, section 16; Part VI, section 17–20||not yet commenced.|
- [Repealed by Legal Aid Act, 2021 on 9 November 2021]
Part I – Preliminary
1. Short titleThis Act may be cited as the Legal Aid Act.
2. InterpretationIn this Act, unless the context otherwise requires—"court" shall include any court or tribunal before which a practitioner may represent a client, but shall not include a local court established under the Local Courts Act;[Cap. 29]"Director" means a public officer appointed as Director of Legal Aid;"legal aid" has the meaning given to the expression in section three;"legal aid assistant" means a public officer appointed as a Legal Aid Assistant or Senior Legal Aid Assistant;"legal aid committee" means a committee established in accordance with the provisions of section seven;"legal aid counsel" means a public officer appointed as a Legal Aid Counsel, Assistant Senior Legal Aid Counsel or Senior Legal Aid Counsel;"practitioner" shall have the meaning assigned to the word in the Legal Practitioners Act;[Cap. 30]"specified offence" means an offence of a class specified by the Minister by statutory order for the purposes of section nine; and"subordinate court" means a court constituted under the Subordinate Courts Act.[Cap. 28][As amended by No. 34 of 1972]
3. Scope of legal aid
Part II – Appointments and powers
4. Appointment and functions of Director and staff
5. Right of audience of legal aid assistants
6. Legal practitioners
7. Legal aid committees
Part III – Legal aid in criminal cases
8. Legal aid in the High Court
9. Legal aid in subordinate courts
10. Powers and duties of Director in criminal cases
Part IV – Legal aid in civil cases
11. Application for legal aid in civil casesApplication for legal aid to be granted under this Part may be made either to the Director or to a legal aid committee and, in the case where a legal aid committee considers an applicant to be eligible for legal aid under section twelve, it shall recommend to the Director that legal aid be granted accordingly.
12. Powers of Director
13. Legal aid in civil actions where the State is a party
Part V – Legal aid in appeals
14. Applications for legal aid in appealsApplication for legal aid may be made either to the Director or to a legal aid committee by any person who—
15. Director may grant legal aid for appealsThe Director may grant legal aid to an applicant under section fourteen if he satisfied that—
16. Courts may direct the grant of legal aid for appealsWhere, in any appeal before the High Court or the Supreme Court, any party to the appeal is unrepresented and the court considers that a point of law of public importance is likely to arise in the appeal, the court may issue a legal aid certificate and the Director shall thereupon grant legal aid to that party for the purposes of the appeal.
Part VI – Financial considerations of legal aid
17. Contributions towards legal aid
18. Ascertainment of means
19. Costs awarded to legally aided persons
20. Costs awarded against legally aided persons
Part VII – Miscellaneous
21. Parties to submit to arbitration in certain casesWhere in any proceedings or contemplated proceedings, all the parties thereto apply for legal aid under this Act and the Director considers that the dispute is of a nature which could properly be the subject of arbitration, the Director may, as a condition of the granting of legal aid, require the parties to submit the dispute to arbitration.
22. Termination of legal aidThe Director may, at any time for any reason which he considers to be sufficient, terminate legal aid granted under this Act in any civil cause or matter:Provided that, in the case of legal aid granted under section thirteen, he shall do so only with the leave of the court.
23. Applications for legal aid on behalf of persons under disabilityFor the purpose of the granting of legal aid under this Act, an application for legal aid which is properly made by any person on behalf of any other person shall be deemed to have been made by that other person.
24. Administrator-General may be administrator ad litem in certain cases
24A. Person may refuse or dispense with legal aid
26. Act to bind RepublicThis Act shall bind the Republic.
History of this document
09 November 2021
Repealed by Legal Aid Act, 2021
03 July 1967