Act Repealed Latest version as at 22 December 1933 (as enacted) | 1933 No 40

Poor Prisoners’ Defence Act 1933

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Contents

Short Title.

Defence of poor persons committed for trial. 20 & 21 Geo. V, c. 32, s. 1 (Imp.)

Legal aid in proceedings before Justices. 20 & 21 Geo. V, c. 32, s. 2 (Imp.)

Expenses of defence to be paid.

Regulations.

Repeals.

Poor Prisoners’ Defence Act 1933

Public Act		1933 No 40
Date of assent		22 December 1933

	Title
1	Short Title.
2	Defence of poor persons committed for trial. 20 & 21 Geo. V, c. 32, s. 1 (Imp.)
3	Legal aid in proceedings before Justices. 20 & 21 Geo. V, c. 32, s. 2 (Imp.)
4	Expenses of defence to be paid.
5	Regulations.
6	Repeals.

An Act to make Better Provision for the Defence of Poor Persons in Criminal Cases.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the Poor Prisoners’ Defence Act, 1933, and shall come into force on the first day of January, nineteen hundred and thirty-four.

2 Defence of poor persons committed for trial. 20 & 21 Geo. V, c. 32, s. 1 (Imp.)

(1)

Any person committed for trial for an indictable offence shall be entitled to free legal aid in the preparation and conduct of his defence at the trial and to have counsel assigned to him for that purpose in the prescribed manner, if a defence certificate is granted in respect of him in accordance with the provisions of this section.

(2)

Subject to the provisions of this section, a defence certificate may be granted in respect of any person—

(a)

By the committing Justices, upon his being committed for trial; or

(b)

By the Judge before whom he is to be tried, at any time after reading the depositions—

(such Justices or Judge, being hereinafter in this section referred to as the certifying authority).

(3)

A defence certificate shall not be granted in respect of any person unless it appears to the certifying authority that his means are insufficient to enable him to obtain such aid, but where it so appears to the certifying authority that authority—

(a)

Shall grant a defence certificate in respect of any person committed for trial upon a charge of murder; and

(b)

May grant a defence certificate in respect of any person committed for trial upon any other charge if it appears to the certifying authority, having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up), that it is desirable in the interests of justice that he should have legal aid in the preparation and conduct of his defence at the trial.

3 Legal aid in proceedings before Justices. 20 & 21 Geo. V, c. 32, s. 2 (Imp.)

If on the hearing of a charge of an indictable offence punishable on summary conviction under Part V of the Justices of the Peace Act, 1927, or of any other offence punishable on summary conviction, or on the hearing under Part IV of the Justices of the Peace Act, 1927, of a charge of an indictable offence, it appears to the Justices that the means of any person charged before them with any offence are insufficient to enable him to obtain legal aid and that by reason of the gravity of the charge or of exceptional circumstances it is desirable in the interests of justice that he should have free legal aid in the preparation and conduct of his defence before them, the Justices may grant in respect of him a legal aid certificate, and thereupon he shall be entitled to such aid and to have counsel assigned to him for that purpose in the prescribed manner.

4 Expenses of defence to be paid.

The expenses of the defence of any person to whom free legal aid is granted in accordance with this Act, including the cost of a copy of the depositions, the fees of counsel, and the expenses of witnesses, shall be paid out of the Consolidated Fund.

5 Regulations.

The Governor-General may from time to time, by Order in Council, make such regulations as he deems necessary for giving effect to this Act, and such regulations shall in particular prescribe—

(a)

The form of certificates to be granted under this Act;

(b)

The manner in which counsel are to be assigned in pursuance of such certificates; and

(c)

The fees payable to counsel so assigned, and the expenses payable to witnesses for the defence in such cases.

6 Repeals.

Sections one hundred and eighty-two to one hundred and eighty-five of the Justices of the Peace Act, 1927, are hereby repealed.

Poor Prisoners’ Defence Act 1933