Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 911

Official PDF on legislation.mt

911. (1) The demand for admission to sue or defend with the benefit of legal aid in any court mentioned in articles 3 and 4 , in any arbitration which is compulsory by law and before any other adjudicating authority where the benefit of legal aid is by law granted, shall be made by applica tion to the Civil Court, First Hall. (2) Nevertheless, such demand ma y also be made orally to the Advocate for Legal Aid. (3) The decree granting the benef it shall apply to all the court s and adjudicating authorities m entioned in sub-article (1). (4) The Advocate for Legal Aid shall render his professional services to persons whom he considers would be entitled to the benefit of legal aid, and prior to their obtaining such benefit , prepare and file all judicial act s, which may be of an urgent m atter. The following procedure shall be followed: (a) the Advocate for Legal Aid , shall file an application in the competent court in his o wn name requesting that he be authorised to file specific judicial acts, on behalf of a person or persons claiming the benefit for legal aid as he considers the matter urgent; (b) the competent court shall, in such an event, allow such request unless there are serious reasons to the contrary; 254 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (c) the Advocate for Legal Aid, after the judicial acts are allowed to be filed, shall then follow the normal procedure leading to the appointment or otherwise of an advocate and legal procurator ex officio as provided in this Title: Provided that if the Civil Court, First Hall, shall subsequently exclude the benefit of legal aid, this shall not p roduce the nullity of any judicial act filed with such benefit but sha ll merely terminate for the future the benefit of legal aid given as aforesaid, and the court may order that the person deprived of such benefit pay all costs incurred. (5) The Minister responsible for justice shall provide such facilities as are necessary for t he proper administration of th e benefit of legal aid. (6) There shall be an Advocate for Legal Aid and the expression ''Advocate for Legal Aid'' in this Code or in any ot her law includes any other lawyer, officer or public officer design ated by the Minister responsible for justice to perform, under the guidance of the Advocate for Legal Aid, any function pertaining to the Advocate of Legal Aid or to t he administration of the benef it of legal aid. Conditions for admission to the benefit of legal aid. Amended by: IX.1886.111; XVI.1922.6; XXXI.1934.77. Substituted by: XXIII.1971.40. Amended by: XIII.1983.5. Substituted by: XXIV .1995.331. Amended by: IV .1996.12; L.N. 407 of 2007; VIII.2022.2.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.