Page:Public Defenders Act 2022.pdf/12

12 Special provisions for application for criminal defence aid for minor

10.—(1) An application for the grant of criminal defence aid to a minor must be made on behalf of the minor by a guardian of the minor.

(2) Where an application is made under subsection (1), a reference in this Act to an applicant for criminal defence aid is to be construed as a reference to the minor except where provided otherwise.

(3) Where—
 * (a) an aided accused person was a minor when criminal defence aid was granted to him or her in respect of any proceedings;
 * (b) those proceedings have not concluded on the date on which the aided accused person attains 21 years of age; and
 * (c) the aided accused person wishes to continue receiving criminal defence aid in respect of those proceedings after attaining 21 years of age,

the aided accused person must give to the Chief Public Defender a written consent in accordance with subsection (4) to continue receiving criminal defence aid in respect of those proceedings.

(4) The written consent mentioned in subsection (3) must be—
 * (a) given to the Chief Public Defender within the prescribed time after the aided accused person attains 21 years of age; and
 * (b) in the form and manner required by the Chief Public Defender.

(5) Every aided accused person who gives a written consent under subsection (3) is deemed to have made a fresh application for criminal defence aid in his or her own right.

Power of Chief Public Defender to make inquiries, etc.

11.—(1) Where an application is made for criminal defence aid, the Chief Public Defender may—