COUNSEL FOR DEFENCE.

Wairarapa Age, Volume XXV, Issue 10713, 10 June 1913, Page 6

COUNSEL FOR DEFENCE.

j TO BE PAID BY TSE tXiC-WX

! Tho amendments to tho-Justices of : tho Peaeo Act made last year provide , that under certain circumstances expenses for tho defence of prisoners ; vshould bo borne by tho Grown. Rcgni Jations won* issued for tho operation i of the scheme, and tha I the more important :

j Before te justhices or on i tho hearing of a chargo.of an in-diot- ! able offence iu;der Pari IV. .of 'the Justices of the Peace Act, 1908, shall , grant any, certificate- under <tho ptmij sions of tho s econd section of the Justices of the Peace Amend-nont Act, j 1912, they or he shall satisfy them- ! solves or himself as to the following; ! matters: (a) That the accused person i applying for such certificate appears j to have a defence which' may reasonI ablv and proborly be set up upon his j trial; (b) that, having regard to the I nature of the defence disclosed by such | accused person, it is desirable in the I of justice that he should j have legal aid in the preparation and I conduct of tho defence so disclosed;--by j him ; (c) that the means of such necus- ! Ed person, are .insufficient to enable j him to omtain such aid. The moans I of an accused person are not insufficient to enable hi-n to obtain legal aid in the preparation and conduct of his defence—(l) If he is able to money for the purposeA-or to obtain such monev from • his relatives or friends; (2) if he is able to procure such legal aiid without prepayment of j the costs .theredfr- :. ■ - ~^>-■ ■- ' - The Registrar of or the "Registry . of the Supreme Court' shall, request the Council of the District Jrfrw Society of the district therein sftlcn *&' -gistry is situated from time to t'fliv to ascertain to forward to him the i iiamt'ief f|9F9BBB' }y3k>, in the opinion "'" **•■"• •-• ■- ■ &1. and or oner pe rof such council, are .*. . 'ified sons to act, and who are quaand willsng to act as counsel for W» accused p-e-rsons under these reguia-. tions. Every such list shall be "approved by the Judge or Judges ordinarily presiding in the judicial district wherein such Registry is situated, and such Judge or Judges may either remove any name or oamjes therefrom or add "any name or ! names thereto. ' - . The fees allowed and paid to counsel appointed under th:-s'e regulations to defend any accused person shall be of the same amount as the fees which shall be allowed and paid to the local Crown Solicitor in cases for the prosecution 'of the aamo person on the same charge. No counsel or solicitor appointed under these regulations shall take or accept from the accused, person "whom"he is appointed to represent, either directly or indirectly, amd either from tho accused per&oti of Ally other person, any fee at remuneration, or any contract or promise to pay any feo or remuneration, in respect of his services in the defence of such accused person, unless the } Judge upon an. application made to j filmland* uftsn a full disclosure of all

the facts connected therewith,' shall allmv til 3 same. . Ally .breach of this regulation shall disqualify the person guilty of such breach from being again appointed under these regulations unless and until such disqualification shall be removed by the Judge of Judges ordinarily presiding in the. judicial districts upon tli3 recommendation of the Council of the District Law Society for that district. A copy of. the shall be furnished without 'charge, to the counsel authorised by the Ministeivof 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 has sufficient means himself to pay the expense of his defence, the Minister may refuse to authorise the payment of such expenses. No witness shall he paid any expenses by the ' Crown, unless' the Solicitor certifies that such witness was reasonably necessary, or that the witness gave material evidence for tlie defence.