South Australian Current Acts

CRIMINAL LAW (LEGAL REPRESENTATION) ACT 2001 - SECT 8

8—Procedures to be followed at directions hearing

        (1)         At the first directions hearing to be held after the defendant's arraignment, the court—

            (a)         must consider the question whether a direction is required under this section; and

            (b)         must determine the question at that hearing or as soon as practicable afterwards.

        (2)         If the defendant is represented by a lawyer, the lawyer must, at least 7 days before the day fixed for the first directions hearing, file in the court a certificate certifying that—

            (a)         the defendant is an assisted person; or

            (b)         the lawyer undertakes that the defendant will be provided with legal representation for the duration of the trial; or

            (c)         the defendant is not an assisted person and the lawyer is not prepared to give an undertaking under paragraph (b).

        (3)         The court must direct the defendant to make an application to the Commission for legal assistance unless—

            (a)         the defendant is an assisted person; or

            (b)         the defendant's lawyer has given an undertaking to the court that the defendant will be provided with legal representation for the duration of the trial; or

            (c)         the court is satisfied, on the basis of a written assurance given by the defendant, that the defendant does not want legal representation at the trial.

        (4)         A direction under this section must fix a reasonable time within which the direction is to be complied with.