C6

Prospective affecting provision: section inserted by Defence Forces (Evidence) Act 2022 (16/2022), s. 94(c), not commenced as of date of revision.

F37[27B. (1) Where—

(a) a person appeals to the summary court-martial under section 37(6), 48(6) or 52(11) of the Act of 2022 or makes an application to the summary court-martial under section 45(1) or 60(6) of the Act of 2022, and

(b) a certificate for free legal aid (in this Part referred to as a "legal aid (application concerning forensic evidence retention period) certificate") is granted in respect of the person concerned by the prescribed authority,

the person shall be entitled to free legal aid in the preparation and conduct of his or her appeal or the application, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.

(2) A legal aid (application concerning forensic evidence retention period) certificate shall be granted in respect of a person concerned if (but only if)—

(a) application is made therefor, and

(b) it appears to the prescribed authority that the means of the person concerned are insufficient to enable him or her to obtain legal aid.]