27.—(1) Where—

F31[ (a) a person (in this section referred to as "the accused")—

(i) is, at the direction of the Director of Military Prosecutions, to be tried by court-martial, or

(ii) appeals to the summary court-martial pursuant to section 178E (inserted by the Defence (Amendment) Act 2007) of the Act of 1954,

and]

(b) a certificate for free legal aid (in this Part of this Act referred to as “a legal aid (court-martial) certificate”) is granted in respect of the accused by the prescribed authority,

the accused shall be entitled to free legal aid in the preparation and conduct of his defence at the trial F32[or of his appeal, as the case may be,] and to have a solicitor and (where the prescribed authority thinks fit) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.

(2) A legal aid (court-martial) certificate shall be granted in respect of the accused if (but only if)—

(a) application is made therefor,

(b) it appears to the prescribed authority that the means of the accused are insufficient to enable him to obtain legal aid, and

(c) either—

(i) the trial is on F33[a charge of an offence for which a person would be required on conviction to be sentenced to imprisonment for life], or

(ii) it appears to the prescribed authority that, having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up F34[or appeal, as the case may be]), it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of his defence at the trial F35[or of his appeal, as the case may be].