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BERMUDA STATUTORY
INSTRUMENT
BR 70/1980
LEGAL AID (GENERAL)
REGULATIONS 1980
[made by the
Minister of Health and Social Services after consultation with the Chief
Justice under the Legal Aid Act 1980 [title
8 item 37] and brought into
operation on 1 November 1980]
ARRANGEMENT OF
REGULATIONS
1 Citation
2 Interpretation
3 Application for certificate
4 Issue of certificate
5 Amendment of certificate
6 Temporary certificate
7 Discharge and revocation
8 Effect of discharge and re vocation
9 Legal aid after com mencement of
proceedings
10 Certificates; general provi sions
11 Service
12 Civil proceedings; award of costs to be
enforced
13 Roster of counsel
SCHEDULE
Forms
Citation
1 These Regulations may be cited as the
Legal Aid (General) Regu lations 1980.
Interpretation
2 (1) In
these Regulations —
"the Act"
means the Legal Aid Act 1980 [title 8
item 37];
"certificate"
includes a temporary certificate granted under sec tion 10(4) of the Act.
(2) [omitted]
Application for
certificate
3 (1) Any
person desiring legal aid may apply for legal aid in the Form I set out in the
Schedule.
(2) Every application for legal aid shall
contain such informa tion and shall be accompanied by such documents as may be
requisite to
enable the Committee to determine—
(a) the nature of the proceedings in relation to
which legal aid is sought and the circumstances in which legal aid is required;
(b) the question whether it is proper that a
certificate should be granted; and
(c) the disposable income and disposable capital of
the ap plicant.
Issue of
certificate
4 (1) A
certificate may be issued in respect of the whole or a part of—
(a) proceedings in a court of first instance; or
(b) proceedings in an appellate court.
No certificate
shall relate to proceedings (other than interlocutory ap peals) both in a court
of first instance and in an appellate
court:
Provided that, where
legal aid is granted to an applicant for his defence at a preliminary inquiry
held under the Indictable Offences
Act 1929 [title 8 item 32], the Committee may, if they think fit, issue a
certifi cate in respect both of those proceedings and of any subsequent pro ceedings
in the Supreme Court which result from his committal for trial thereat.
(2) A certificate shall not relate to more than
one prosecution, action, cause or matter, but may include proceedings for the
enforce
ment of any such order or agreement as is referred to in regulation 12.
(3) In
assessing the amount of contribution, if any, payable in respect of any
proceedings, the Committee shall have regard to their
probable cost and to the
Third Schedule to the Act.
(4) Where an application is approved relating to
—
(a) proceedings (other than interlocutory
proceedings) in an appellate court in any action, cause or matter, in which the
applicant
was an aided person in the court below; or
(b) proceedings by way of a new trial ordered by an
appel late court before whom the applicant was an aided per son,
the Committee
shall not redetermine the applicant's disposable income and disposable capital
but shall, save as hereinafter provided
assess the amount of contribution, if
any, payable in respect of the proceedings at the same amount as determined by
the Committee
in relation to the pre vious proceedings:
Provided that, if,
since the last determination by the Committee of the disposable income and
disposable capital of the applicant,
his cir cumstances have altered otherwise
than as a result of the payment of a contribution in respect of the previous
proceedings,
the Committee shall redetermine his disposable income and
disposable capital and shall take into account any increase or decrease
in the
amount of his disposable income by an amount greater than fifty dollars a month
and any increase in the amount of his disposable
capital by an amount greater
than five hundred dollars.
(5) In fixing the method by which any
contribution shall be paid, the Committee shall have regard to all the
circumstances, including
the probable length of time which any certificate
granted as a result of the application will be in force, and may order the
contribution
to be paid in instalments or the whole or a part of it to be paid
before a certificate is issued.
(6) After the Committee has approved an
application for a cer tificate they shall notify the applicant—
(a) of the amount (if any) of his contribution as
determined by them; and
(b) of the terms upon which a certificate will be
issued to him.
(7) An applicant who wishes a certificate to be
issued to him on the terms notified to him by the Committee shall, within
fourteen days
of being so notified, signify his acceptance of those terms in
the Form II set out in the Schedule and shall lodge it with the Committee.
(8) If those terms require a contribution to be
paid, the appli cant shall lodge with the Committee an undertaking to pay the
contribu
tion by the method stated in the terms and, if the contribution or any
part of it is required to be paid before the certificate
is issued, shall make
that payment accordingly.
(9) When an applicant has complied with such of
the provi sions of paragraphs (7) and (8) as are relevant to his case, the
committee
shall issue a certificate in the Form III set out in the Schedule.
Amendment of
certificate
5 The Committee may amend a certificate—
(a) where it appears to them that there has been
some error or mistake in the certificate; or
(b) when, in their opinion, it has become desirable
either for the certificate to extend to other proceedings, being part of the
same
action, cause or matter to which the certifi cate relates, or proceedings
for the enforcement of any such order or agreement as
is referred to in
regulation 12, or for the certificate not to extend to certain of the
proceedings in respect of which it was
issued; or
(c) when an assisted person desires to change his
counsel or counsel gives up an assisted person's case.
Temporary
certificate
6 (1) Any
person who desires legal aid as a matter of urgency may apply for a temporary
certificate in the Form IV set out in the Schedule,
(2) An application for a temporary certificate
shall give such information as may be requisite to enable the Committee to
determine
whether—
(a) the applicant is likely to fulfil the
conditions under which legal aid may be granted under the Act; and
(b) it is in the interests of justice that the
applicant should, as a matter of urgency, be granted legal aid,
and shall furnish
such additional information and documents (if any) as may be sufficient to
constitute an application for a legal
aid certificate under the Act:
Provided that, if it
appears to the Committee that the applicant cannot at the time of the
application reasonably furnish that informa-
tion, or any part of it, the Committee shall nevertheless have power to is sue
a temporary certificate subject to such conditions
as to the furnish ing of
additional information as they think reasonable.
(3) A temporary certificate shall be in the Form
V set out in the Schedule.
(4) A temporary certificate shall have the same
effect in all re spects as a legal aid certificate.
(5) A temporary certificate shall remain in
force for a period of twenty-eight days, but the Committee may, unless a legal
aid certificate
has been issued in the meantime in respect of the same
proceedings, at their discretion renew the grant of a temporary certificate
for
not more than two further successive periods of twenty-eight days:
Provided that if the
Committee decides to refuse the grant of a legal aid certificate in respect of
proceedings to which a temporary
cer tificate relates they shall forthwith
revoke the temporary certificate.
Discharge and
revocation
7 (1) A
certificate may be either discharged or revoked by the Committee in the
circumstances specified in this regulation.
(2) The Committee may discharge a certificate —
(a) at any time at the request of the person to
whom it is is sued;
(b) where an assisted person has been required to
make a contribution and any payment in respect thereof is more than thirty days
in
arrears;
(c) if they are satisfied that the proceedings to
which the certificate relates have been disposed of;
(d) where they are satisfied that the aided person
has re quired the proceedings to be conducted unreasonably so as to incur an
unjustifiable
expense to the Consolidated Fund or has required unreasonably
that the proceedings be continued:
Provided that a certificate shall not be discharged under this
sub-paragraph until the assisted person has been given an opportunity
to show
cause why the certificate should not be discharged;
(e) if they are satisfied that the assisted person
has died.
(3) The Committee shall discharge a certificate
if —
(a) as a result of a further determination they are
satisfied that —
(i) the disposable income of an assisted
person ex ceeds eight thousand and fifty dollars per year or such other amount
as may have
been sub stituted there for by orders under section 19(1) of the
Act; or
(ii) the disposable capital of an aided
person ex ceeds seven thousand dollars or such other amount as may have been
substituted therefor
by order under section 19(1) of the Act;
(b) as a result of any information coming to their
knowledge they consider that the assisted person no longer has reasonable
grounds
for taking, defending or being a party to the proceedings or, as the
case may be, that it is unreasonable in the particular circumstances
for him to
continue to receive legal aid:
Provided that a certificate shall not be discharged under this
paragraph until the assisted person has been given an opportunity
to show cause
why the certificate should not be discharged.
(4) Where the Committee is satisfied that an aided
person has wilfully failed to comply with these regulations as to information
to
be furnished by him, or, in furnishing any such information has knowingly
made a false statement or false representation, they may
if they think fit—
(a) where such omission or act occurred prior to
the issue of a certificate, revoke the certificate; or
(b) where such omission or act occurred after the
issue of the certificate, discharge the certificate from the date upon which
such
omission or act occurred.
(5) When the Committee revokes or discharges an
aided per son's certificate it shall forthwith issue a notice of discharge or
revoca
tion to the assisted person.
Effect of
discharge and revocation
8 (1) Subject
to this regulation, a person whose certificate is re-
voked shall be deemed never to have been an assisted person in the pro ceedings
to which the certificate related, and a person
whose certificate is discharged
shall, from the date of discharge, cease to be an assisted person in these
proceedings.
(2) Upon receipt by him of notice of revocation
or discharge of a certificate by the Committee or upon revocation or discharge
of a
certifi cate by the court, the retainer of any counsel acting for the
aided person in proceedings to which the certificate relates
shall forthwith
determine.
(3) Upon determination of proceedings under this
regulation—
(a) the costs of the proceedings to which the
certificate re lated, incurred by or on behalf of the person to whom it was
issued, shall,
as soon as practicable thereafter, be taxed or, as the case may
be, assessed in accordance with these regulations;
(b) the Consolidated Fund shall remain liable for
the pay ment of any costs so taxed or assessed.
(4) Where a certificate has been revoked—
(a) the Accountant General shall have the right to
recover from the person to whom the certificate was issued the costs paid or
payable
under paragraph (3)(b) less any amount received from him by way of
contribution; and
(b) the counsel who has acted in the proceedings
shall have the right to recover from that person the difference be tween the
amount
paid or payable by the Accountant General and the full amount of his
counsel and own client costs as taxed or agreed.
(5) Where a certificate has been discharged the
person to whom the certificate was issued shall remain liable for the payment
of his
con tribution, if any, as determined by the Committee up to the amount
paid or payable by the Accountant General under paragraph
(3) (b) .
Legal aid after
commencement of proceedings
9 (1) Where,
after proceedings have been instituted in any court, any party becomes an
assisted person in regard to those same proceed
ings, the Consolidated Fund
shall only be liable to pay so much of his costs of those proceedings as are
incurred while a certificate
is in force.
(2) Any counsel who has acted in the proceedings
on behalf of the aided person before the date of the certificate, and any
counsel who
has by law a lien on any documents necessary for the proceedings to
which the certificate relates and who has delivered them up
subject to his
lien, may give notice of the fact to the Committee.
Certificates;
general provisions
10 (1) Where
a person has applied for and has been refused a cer tificate on more than four
occasions and it appears to the Committee that
his conduct has amounted to an
abuse of the facilities provided by the Act, the Committee may order that no
consideration shall
be given to any future application by that person for a
certificate with regard to any particular matter.
(2) No such direction shall —
(a) apply to any application by that person on
behalf of an infant; or
(b) remain in force for a period longer than three
years.
(3) Where it appears to the aided person's
counsel necessary for the proper conduct of the proceedings to take or to apply
to the court
for leave to take any one or more of the following steps, namely —
(a) to add any further party to the proceedings; or
(b) to bespeak any official record of any
proceedings; or
(c) to lodge any interlocutory appeal; or
(d) to instruct more than one counsel; or
(e) to set up or set off any right or claim having
the same effect as a cross-action (other than a counter-claim or set-off
arising
out of the same transaction and capable of being pleaded as a defence),
or to reply to any right or claim so set up or so set off
by any other party,
he shall (unless
the certificate provides for the act in question to be done) apply to the
Committee for authority so to do, and
no payment shall be allowed on taxation
for any such step taken without the approval of the Committee,
(4) The Committee may give general or specific
authority to counsel acting for an assisted person in any particular case or
class of
case to obtain experts' opinion and to tender expert evidence, and if
so they shall state the maximum fee to be paid for any report
or opinion or
expert witness.
(5) Where it appears to an assisted person's
counsel necessary for the proper conduct of the proceedings either—
(a) to obtain a report or opinion of one or more
experts or to tender expert evidence in a case of a class not included in any
general
authority under paragraph (3); or
(b) in a case of a class so included, to pay a
higher fee than that stated by the Committee or to obtain more reports or
opinions or
to tender more experts as witnesses than have been authorized,
he may apply to
the committee for authority so to do and if the Commit tee gives authority they
shall state the maximum number of
reports or opinions that may be obtained or
the maximum number of persons who may be tendered to give expert evidence and
the maximum
total fee to be paid therefor.
(6) Save as provided by this regulation, no
payment shall be made for the report or opinion of an expert or for expert's
evidence ten
dered by or on behalf of an aided person.
(7) Where it appears to the aided person's
counsel necessary for the proper conduct of the proceedings for an act to be
done, but that
act is either unusual in its nature or involves unusually large
expendi ture, he may request the Committee's prior approval of the
act, and,
where such prior approval has been obtained, no question as to the pro priety
of the act shall be raised on taxation.
(8) Without prejudice to the right of counsel to
give up a case for good reason, any counsel may give up an assisted person's
case if,
in his opinion, the assisted person has required the proceedings to be
con ducted unreasonably so as to incur an unjustifiable expense
to the Con solidated
Fund or has required unreasonably that the proceedings be continued.
(9) Where any counsel exercises the right to
give up an aided person's case —
(a) under paragraph (8); or
(b) on the ground that the assisted person has
wilfully failed to provide the information to be furnished by him or in
furnishing such
information has knowingly made a false representation,
the counsel shall
make a report to the Committee of the circumstances in which that right was
exercised.
(10) An assisted person's counsel shall give the
Committee in formation regarding the progress and disposal of proceedings to
which the
certificate relates as the Committee may from time to time require
for the purpose of performing their functions under the Act and
without
prejudice to the generality of the preceding words, a counsel who has acted, or
is acting for an assisted person, on being
satisfied that the as sisted person
has died, shall report the facts to the Committee forthwith.
(11) A counsel shall not be precluded, by reason of
any privilege arising out of the relationship between counsel and client from
disclosing
to the Committee any information or from giving any opinion which
may enable the Committee to perform their functions under the
Act.
(12) The Committee may at any time, while a
certificate is in force, pay to the assisted person's counsel such sums as the
Committee
may approve for disbursements to be made by the counsel in respect of
the proceedings to which the certificate relates. Where such
approval is
obtained, no question shall be raised on taxation as to the propriety of any
disbursements made in accordance with
such approval.
Service
11 (1) Any
notice or notification required to be served under any provision of the Act
shall be served either personally or by registered
post to the last known
address of the person required to be served.
(2) Whenever an assisted person becomes a party
to proceed ings, or a party to proceedings becomes an assisted person, the Com mittee
shall forthwith serve all other parties with a notice thereof and the aided
person's counsel shall, if at any time thereafter any
other person becomes a
party to the proceedings, forthwith serve similar notice upon such person.
(3) The Committee shall forthwith serve copies
of any legal aid certificate or emergency certificate issued by them on all
parties to
the proceedings.
(4) Copies of notices referred to in this
regulation shall be filed in the appropriate court office or registry and shall
form part
of the pa pers for the use of the judge at the trial.
Civil
proceedings; award of costs to be enforced
12 (1) Where
in any civil proceedings to which an assisted person is a party an order or
agreement is made for the payment of costs to
the assisted person he shall,
subject to paragraph (2), take such
proceedings on
behalf of the Consolidated Fund as may be necessary to enforce or give effect
to such order or agreement.
(2) Any assisted person may apply to the
Committee for a di rection that paragraph (3) shall not apply to him on the
ground that, having
regard to the probable cost of any proceedings referred to
or to the likelihood of their being successful, it would be unreasonable
to
take them and, if the Committee agrees, they shall direct that the proceedings
be not taken and shall amend the assisted person's
certificate so as to exclude
such proceedings therefrom.
The power conferred on
the Committee by this paragraph may be exercised without an application being
made by an assisted person.
(3) Where the Committee, having directed that
proceedings be not taken by the assisted person, is of the opinion that it is
expedient
so to do they may enforce any order for the payment of money in their
name for the benefit of the Consolidated Fund.
Roster of
counsel
13 (1) The
Committee shall maintain separate rosters containing the names of counsel
willing to act for assisted persons in —
(a) criminal prosecutions (including criminal
appeals);
(b) civil actions and appeals therefrom;
(c) matrimonial and affiliation proceedings.
(2) The Committee shall also maintain a roster
of duty counsel willing to attend at the Magistrates' Court on particular days
and there
to afford legal advice to persons charged with specified criminal
offences as provided by section 7 of the Act.
(3) The Committee shall enter on the appropriate
roster any limitation as to the number of proceedings per annum in which
counsel is
prepared to act for assisted persons and shall give effect to such
limi tation.
(4) For the removal of doubt, it is hereby
declared that where any counsel is assigned for the purpose of any proceedings
any other
counsel in the same firm may act for the assisted person therein.
SCHEDULE
FORM I
LEGAL AID ACT 1980
APPLICATION FOR LEGAL AID
1 I, [blank]
(Full name of applicant in block letters.
State Mr., Mrs., Miss etc.)
of [blank]
(Home address and occupation)
Hereby
apply for legal aid under the Legal Aid Act 1980 for the following purposes:
...............................................................................................
...............................................................................................
...............................................................................................
...............................................................................................
(Note: Describe clearly the nature of the case for
which you wish to obtain legal aid and whether you are bringing or defending
the case. The description need not be
long but you must state clearly whether it is a civil or criminal case and what
kind of case it is —
i.e. divorce, negligence, trespass, etc. If it is a criminal case, you must state
precisely the nature of the criminal offence (e.g. robbery, assault, grievous
bodily harm,
etc.); Legal Aid is not
available for some kinds of criminal cases, i.e., those that can only be tried in a Magistrate's Court)
2 (a) Dwellings:
I own the following dwellings, which have the
annual rental values under the Land Valuation and Tax Act 1967 and the gross
values
(before deductions of the balances owing on mortgages and charges) shown
below in relation to those dwellings:
|
|
Annual Rental Value |
|
|
1) ..................... |
1) .................... |
1) ................. |
|
2) ..................... |
2) .................... |
2) ................. |
|
3) ..................... |
3) .................... |
3) ................. |
|
|
Total: |
Total: |
(b) Other Assets:
I own the following other assets which have the
values shown below opposite them:
(Note: Here list all other assets of whatever kind
(e.g. car, boat, shares) owned by you including Real Estate; except (i) any
dwellings
already specified in 2(a) above and (ii) your wearing apparel, tools
of trade, and household furniture and effects).
|
Assets |
Value |
|
1) .................................. |
1) .................................. |
|
2) .................................. |
2) .................................. |
|
3) .................................. |
3) .................................. |
|
4) .................................. |
4) .................................. |
|
5) .................................. |
5) .................................. |
|
Total value of |
|
3 Statement of liabilities
I have the following liabilities (here list all liabilities
of a capital nature, e.g. outstanding mortgages, loans and other debts)
|
Item |
Balance Owing |
|
1) .................................. |
1) .................................. |
|
2) .................................. |
2) .................................. |
|
3) .................................. |
3) .................................. |
|
4) .................................. |
4) .................................. |
|
5) .................................. |
5) .................................. |
|
Total |
|
4 Statement of Household Income
(a) My
income, that is to say the aggregate gross income of all members of the
household of which I am a member, from all sources for
the period of 12 months
immediately preceding the date of this application, was as follows:
|
Name of Household Member |
Employer/other source of income |
Amount received during the 12 months period |
|
1) .................... |
1) ................... |
1) .................... |
|
2) .................... |
2) ................... |
2) .................... |
|
3) .................... |
3) ................... |
3) .................... |
|
4) .................... |
4) ................... |
4) .................... |
|
5) .................... |
5) ................... |
5) .................... |
|
|
Total household income: |
__________________ |
[(b) (To
be completed only if applicant wishes the Legal Aid Committee, in assessing the
true current financial situation of the applicant,
to take into account a
period of 12 months other than the one immediately preceding the date of the
application)
(i) I
wish the Legal Aid Committee, in assessing my disposable income, to have regard
to my income during the period of 12 months from
[blank] (specified period) to [blank].
(ii) The
reasons why I wish to have that period taken into account are as follows:
(specify)
...............................................................................................
...............................................................................................
(iii) My
income (i.e. the aggregate gross income of all members of the household of
which I am a member) during that period from all sources
was:
|
Name of Household Member |
Employer/other source of income |
Amount received during the period |
|
1) .................... |
1) ................... |
1) .................... |
|
2) .................... |
2) ................... |
2) .................... |
|
3) .................... |
3) ................... |
3) .................... |
|
4) .................... |
4) ................... |
4) .................... |
|
5) .................... |
5) ................... |
5) .................... |
|
|
Total household income: |
__________________ |
5 Allowances claimed
For the purposes of calculating my disposable income, I
claim the following allowances.
(a) For
my spouse (claim $2000).............................................
(b) For the following members of my household
(whether or not under 21 years of age) who are not financially independent (set
out names
and ages of all persons, including children, and claim $2000 each)
|
Name of dependant |
Allowance claimed |
|
1) .................................. |
1) .................................. |
|
2) .................................. |
2) .................................. |
|
3) .................................. |
3) .................................. |
|
4) .................................. |
4) .................................. |
|
Total allowances |
|
(c) For
the following person/persons under the age of 21 years, not being members of my
household, who are supported by me pursuant
to a Court Order or otherwise
(specify names and ages, and specify and claim amounts actually paid annually
for such support).
1) ...............................................................................................
2) ...............................................................................................
Total allowances claimed under (c): $__________________________
(d) Rent/mortgage interest paid annually in
respect of the premises where my household lives (claim actual amount of rent
or mortgage
interest paid annually)(Maximum allowance $9600)(attach proof of
interest claimed, e.g. letter from banker)
Dated this [blank]
day of [blank] 19 [blank]
(Signature of applicant)
SPECIAL NOTICE TO APPLICANTS
Section 15 of the
Legal Aid Act 1980 provides as follows —
"Any
applicant or assisted person who for the purposes of this Act knowingly makes
any false statement or knowingly supplies
any false information commits an
offence:
Punishment on
summary conviction: imprisonment for 6 months or a fine of $1,000.".
STATUTORY DECLARATION BY APPLICANT
I, [blank] (Name in full of applicant) of [blank] (Address and occupation)
being the
applicant in the above written application do solemnly and sincerely declare
that the statements made by me in the application
are true and correct to the
best of my knowledge and belief.
And I make this
solemn declaration conscientiously believing the same to be true and by virtue
of the provisions of the Statutory
Declara tions Act 1835.
(Signature of applicant)
Declared at
Bermuda this [blank] day of [blank] 19 [blank].
Before me,
[blank]
Commissioner for
Oaths
[Form I in Schedule replaced by BR 48/1989
effective 1 December 1989]
FORM
II (Reg. 4(7))
LEGAL AID ACT 1980
ACCEPTANCE OF OFFER OF LEGAL AID CERTIFICATE
I, (a) [blank]
understand that the Legal Aid Committee is prepared to issue to me a legal aid
certificate upon my accepting the terms and conditions
set out below. [I enclose $ [blank] as required by paragraph 2 of the terms and conditions.]
[blank]
Signature
Date [blank]
To: The Legal Aid Committee
TERMS AND CONDITIONS
1 My certificate shall relate to the
following proceedings —
[blank]
2 The contribution which I have to make
towards my costs of the proceedings if $ [blank] payable —
[by a first instalment
of $ [blank]]
[and thereafter by [blank] further (monthly) payments of
$ [blank]]
[and each falling due [blank] (monthly) after the previous pay ment fell due.]
3 If while my legal aid certificate is
in force my means change in either an increase or decrease of my income or
capital I am immediately
to disclose such alteration to the Committee and this
may lead to a change in the amount of my contribution, which I am required
to
pay under condition 2 above, or to the discharge of my legal aid certificate.
4 [Special conditions, if any.]
[blank]
Signature
FORM III (Reg. 4(9))
LEGAL AID ACT 1980
LEGAL AID CERTIFICATE
UPON considering the
application made by [blank] of [blank] to be granted legal aid under the
Legal Aid Act 1980, I CERTIFY that the said [blank] is entitled to legal aid under the said Act.
Legal aid has been
granted for the purpose of [blank]
Dated at Hamilton,
Bermuda this [blank] day of [blank] 19 [blank].
[blank]
for Legal Aid Committee
I have assigned Mr. [blank] of [blank] to act as counsel for the assisted person referred to in the
above certificate.
Dated at Hamilton,
Bermuda this [blank] day of [blank] 19 [blank].
[blank]
for Legal Aid Committee
FORM
IV (Reg. 6(1))
LEGAL AID ACT 1980
APPLICATION FOR TEMPORARY CERTIFICATE
PART I
I, (a) [blank] declare
as follows —
1 The address at which I am at present
living is (b) [blank].
2 I was born on the [blank] day of [blank] 19 [blank].
3 I apply for a temporary legal aid
certificate to enable me to (c) [blank].
4 The following are the reasons why my
application is specially ur gent and which make it necessary for me to have a
temporary certificate—
(d) [blank]
5 The person[s] [against whom I wish to
take proceedings] [taking proceedings against me] [is] [are] (e), (f)
6 My income is $ [blank] and my savings, capital and other
prop erty amount to $ [blank]. I therefore believe that my means are such
as to entitle me to Legal Aid.
*7 [I
attach completed application for a Legal Aid Certificate.]
*8 [I
am unable for the reasons set out in Part II to submit a com pleted form of
application for a Legal Aid Certificate, but undertake
to do so as soon as
possible.]
[I have also set
out in Part III the facts of my case.]
9 I agree that —
(a) If after a temporary certificate is issued to
me a legal aid certificate is issued to me, I may have to pay to the Committee
by
such method as they may fix, such sums as the Committee may assess subject
to the provisions of the Legal Aid Act 1980.
(b) If the temporary certificate is revoked (g) or deemed to have been revoked, I will pay —
(i) to the Committee such sum as has been
paid or shall be payable by the Committee to the coun sel (if any) who has
represented me
in the pro ceedings to which the temporary certificate re lated;
and
(ii) to the Committee such further sum (if
any) as may be payable by them in respect of the certifi cate.
10 I declare that to the best of my
knowledge, information and be lief, the information given in this form is true.
11 I understand that I may be required by
the Committee to supply further information in connexion with my application.
[blank]
Signature
Date [blank]
SPECIAL NOTICE TO APPLICANTS
Section 15 of the Legal
Aid Act 1980 provides as follows —
"Any applicant or
assisted person who for the purposes of this Act knowingly makes any false
statement or knowingly supplies
any false information commits an offence:
Punishment on summary
conviction: imprisonment for 6 months or a fine of $1,000.".
PART II(h)
I am unable to submit a
completed form of application for a legal aid certificate for the following
reasons —
[blank]
PART III(h)
The facts of my case
are as follows —
(j) [blank]
FORM V (Reg.
6(3))
LEGAL AID ACT
TEMPORARY CERTIFICATE
UPON considering the
application made by [blank] of [blank] to be granted legal aid under the
Legal Aid Act 1980, I CERTIFY that the said [blank] is entitled to legal aid under the said Act.
Legal aid has been
granted for the purposes of [blank]
This is further to
certify that this certificate, being a temporary certificate, remains in force
for a period of 28 days from the
date hereof, unless renewed by the Committee
for one or two such further periods, unless it is previously revoked or is replaced
by a legal aid certificate.
Dated at Hamilton,
Bermuda this [blank] day of [blank] 19 [blank].
[blank]
for Legal Aid Committee
I have assigned Mr. [blank] of [blank] to act as counsel for the assisted person referred to in the
above certificate.
Dated at Hamilton,
Bermuda this [blank] day of [blank] 19 [blank].
[blank]
for Legal Aid Committee
[Amended by
BR 48/1989]
(a) Name and address of applicant.
(a) Full name in block letters. State whether Mr., Mrs., Miss etc.
(b) Full postal address in block letters.
(c) State what you wish to do; e.g. "defend criminal proceedings on a charge of house-breaking.".
(d) Set out reasons.
(e) State name(s) and address(es).
(f) Strike out the words in square brackets which do not apply.
* Delete where inapplicable.
(g) Unless a Legal Aid Certificate is issued whilst the Temporary Certificate is in force, the Temporary Certificate will be revoked and you will be liable for the full costs in curred on your behalf.
(h) This Part should only be completed if you are unable to submit an applica tion for a full Legal Aid Certificate.
(j) In an accident case give details of your injuries and state when and how the accident happened. In a matrimonial case give full details of your marriage, matrimonial life and the events which led to the break-up, including dates.
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