39

1 Sub-paragraph (3) applies where a devolution issue arises in proceedings against a person (“ the defendant ”) for an offence and the issue is referred to the Court of Appeal in Northern Ireland under paragraph 7. 2 Sub-paragraph (3) applies where such an issue arises in such proceedings and— a the issue is referred by the Court of Appeal to the Supreme Court under paragraph 9 or 33; or b the issue is determined by the Court of Appeal under paragraph 7 and— i an appeal to the Supreme Court against the determination is brought under paragraph 10; or ii an application for leave to bring such an appeal is made to the Court of Appeal under that paragraph. 3 The Court of Appeal may, if it thinks fit, on the application of the defendant, admit him to bail pending the determination of the reference, appeal or application. 4 The Court of Appeal may at any time when it appears to the Court of Appeal — a that it is desirable in the interests of justice that the defendant should have legal aid; and b that he has not sufficient means to obtain that aid, assign to him a solicitor and counsel, or counsel only, in the reference, appeal or application. 5 If, on a question of granting a person free legal aid under sub-paragraph (4), there is a doubt— a whether it is desirable in the interests of justice that he should have legal aid; or b whether he has sufficient means to obtain that aid, the doubt shall be resolved in favour of granting him free legal aid. 6 The fees of any counsel, and the expenses and fees of any solicitor, assigned to a person under sub-paragraph (4) shall be defrayed, up to an amount allowed by the Master (Taxing Office), by the Lord Chancellor ....