Statutes of Newfoundland and Labrador 2009 Chapter 13

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-11 as amended

1. Sections 48 and 49 of the Legal Aid Act are repealed and the following substituted:

Legal aid in summary conviction matters

48. (1) The area director may only grant legal aid to a person otherwise entitled to it in a summary conviction proceeding under an Act of the Parliament of Canada or of the Legislature where he or she is of the opinion that

(a) there is a likelihood of imprisonment or loss of means of earning a livelihood upon conviction; or

(b) because of extraordinary circumstances, it is in the interests of justice that the applicant be represented by counsel.

(2) For the purposes of paragraph 47(d), an offence that may be tried on indictment or on summary conviction shall be considered to be an offence triable on summary conviction until the time that the prosecution elects to proceed on indictment.