TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976

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TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 15



15.(1) A magistrates' court on summary conviction or [the Crown Court] on
conviction on indictment shall not pass a sentence of imprisonment, ... or
detention in a young offenders centre on [, or make a training school order
with respect to,] a person who is not legally represented in that court and
has not been previously sentenced to that punishment by a court in any part of
the United Kingdom, unless either

(a)he applied for legal aid and the application was refused on the ground that
it did not appear his means were such that he required assistance; or

(b)having been informed of his right to apply for legal aid and had the
opportunity to do so, he refused or failed to apply.

(2) In paragraph (1)(a) and (b) "legal aid" means legal aid for the purposes
of proceedings in that court, whether the whole proceedings or the proceedings
on or in relation to sentence.

(3) In the case of a person committed to [the Crown Court] for trial, it is
immaterial whether he applied for legal aid in [the Crown Court] to, or was
informed of his right to apply by, [that court], or the court which committed
him.

(4) For the purposes of this Article

(a)a person is to be treated as legally represented in a court if, but only
if, he has the assistance of counsel or a solicitor to represent him in the
proceedings in that court at some time after he is found guilty and before he
is sentenced;

(b)a previous sentence of imprisonment [or order for detention in a young
offenders centre] which has been suspended and which has not taken effect
under section 40 of the Criminal Justice Act 1967, section 19 of the Treatment
of Offenders Act (Northern Ireland) 1968 or section 23 of the Powers of
Criminal Courts Act 1973 shall be disregarded;

(c)"sentence of imprisonment" does not include a committal or attachment for
contempt of court; and

(d)"young offenders centre" means in relation to Great Britain a detention
centre.

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Northern Irish Legislation

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 15