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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 July 2011 - onwards
Version 3 of 3

118. Legal aid.

(1) Subject to subsection (2), a person who is the subject of an application for a civil order may be granted a certificate for free legal aid (in this Part referred to as a "legal aid (civil order) certificate") in preparation for and representation at the hearing of -

(a) the application,

(b) an application by the person to vary or discharge a civil order,

(c) any appeal by the person against the making of the civil order, and

(d) any proceedings in the High Court or Supreme Court arising out of the making of the application, the appeal or any subsequent proceedings.

(2) A legal aid (civil order) certificate may not be granted under subsection (1) unless it appears to the court hearing the application for the certificate that -

(a) the means of the person concerned are insufficient to enable that person to obtain legal aid, and

(b) by reason of the gravity of the behaviour alleged to be anti-social or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in preparation for and representation at the hearing concerned.

(3) A person who is granted a legal aid (civil order) certificate is entitled -