FOR POOR PRISONERS

Dominion, Volume 6, Issue 1751, 16 May 1913, Page 6

FOR POOR PRISONERS

DEFENCE BY THE CROWN,

REGULATIONS GAZETTED

Tho New Zealand Gazette published last night contained regulations made by tho Govc-rnor-in-Council under tho Justices of the Peace Amendment Act of last session, whereby it was enacted that under certain circumstances tho expenses of defending prisoners without means would be fxirno by the Crown. The regulations prescribe, in effect, the conditions under which defending counsel will lie provided for accused persons. Following are tho more important of the regulations:— Before the justices or magistrate on the hearing of a charge ol' an indictable offence under Part IV of the Justices of the Peace Act, 190S, shall grant any certificate under the provisions of tho second section of the Justices of the Peace Amendment Act, 1!I12, they or he shall satisfy themselves or himself as to the following matters:—(a) That the accused person applying for such certificate appears to have a defence which may reasonably and properly be set. up upon his .trial; '(b) that, having regard to the nature of the dcfcncc disclosed by such aecuscd person, if is desirable in the interests of justice that he sliould have legal aid in the preparation and conduct, of tho dcfencs.so disclosed by him; (c) thai' tho mwr.s 'of sueh accused person are insufficient to enable him to obtain such legal, aid. Tho means of an accused parson are not insufficient to enable him to obtain legal aid in the preparation and conduct of his defence—(l) If ho is able to borrow money for that purpose, or (o obtain such money from his relatives or friends; (2) if he is able to procure such legal aid without prepayment of tho costs thereof. Every application to Ihc - justices or magistrates for a certificate under the Act and tho last preceding regulation shall bo made to the justices or magistrate immediately after they or he have or has intimated to the prisoner their or his determination to commit him for trial.

.1. .Such application may, upon tho application of the accused person aiul if the justices or macistrate shall so think fit, be heard by tho justices or magistrate in private. The inquiry into the means of the accused person shall in all cases be made before the justices or magistrate in private. If in the proceedings before the justices cr magistrate the accused person has been represented by solicitor or counsel, tho justices or magistrate shall mako exhaustive inquiry into the conditions upon which 1m has been so represented. The fact that he has been so represented shall be, treated by the justices or magistrate as prima facie evidence that the accused person is not without means within the meaning of these regulations. Every application under tho third section of the Act made by a. person accused of an indiclftble offence before liis trial to the Judge of the Supreme Court before whom suC'li trial is to be hold shall be in writing, and shall be addressed to such .fudge, .and shall be lodged with the Registrar of tho Court'. If the accused person so desires it such application may be enclosed in a sealed envelope. Every such application under the third section of tho Act shall state fully and clearly the following matters:—(l) The naturo of tho defence which the prisoner intends to «et up. upon his trial; (2) whether such defence was or was not dis-. closcd in accordance with these regulations to tlic justices or magistrate by whom such accused person was committed for trial; (!)> whether such accused person did or did not apply to such justice; or magistrate for a certificate under the second section of the Act '.in accordance with the foregoing regulations; 'i) if such defence was iiol: so disclosed, the reason why it was not so disclosed; (5) if the accused person did not sipsly to the justices, or magistrate for such certificate, ithe''reason 1 why he-, did.-.noli, S'ti .apply; '(G) that the means of such, accused person are insufficient to enable him Id obtain legal aid in tho preparation and conduct of his defence. The Registrar of every Registry of the Supremo Court shall request tho Council of the District Law Society of tho district wherein such Registry is situated from time to time to ascertain and to forward to him the names of persons who, in the opinion of such council, are fit and proprr persons to act,, and who aro qualified and willing to act as counsel for accused persons under thoso regulations. Every sucli list shall he approved by the Judge or Judges ordinarily presiding in the judicial district wherein such Begistry is situated, and such Judge or Judges may either remove any name or names therefrom or add any name or names thereto.

The fees allowed and paid to counsel appointed under theso regulations to defend any accused person shall be of tho same-amount as the fees which shall be allowed and paid to tho local Crown Solicitor in cases for the prosecution of the samo person on the same charge. No counsel or solicitor appointed under thess regulations shall take or accept from the accused person whom he' is appointed to :epresent, either directly or. indirectly, and either from the accused person or any other person, any fee or remuneration, or any contract or promise to pay any fee or remuneration, in respect of his sen-ices in the defenco of such accused person, unless tho Judge, upon an application made to him and upon a full disclosure of all tho facts connected therewith, shall allow tho same. Any breach of this regulation shall disqualify tho person guilty of such breach from being again appointed under these regulations unless and until such disqualification shall be removed by the Judge or judges ordinarily presiding in the judicial district upon the recommendation of the Council of the District Law Society for.that distript.. ,

A copy 'of tho depositions shall be furnished, "without charge, to the counsel authorised by the Minister for Justice or directed by the Judge to assist the accused in his defence.

If . at any time it should be made to appear to the Minister for Justice that a prisoner iias sufficient »»enns himself to pay the expenses of his defence, the Minister may refuse to authorise the payment of. such expenses. No witness shall be Tiaid any o.xnenses bv -the Crown unless the C'rown Solicitor certifies that such witness was reafonablv reees-ary, or that the witness gave maferial evidence for the defence.