Criminal Code (Cap. 9), article 570

570. (1) The Advocate for Legal Aid shall gratuitously undertake the defence of any accused who has briefed no other advocate or who has been admitted to sue or defend with the benefit of legal aid in any co urt mentioned in this Code. (2) The request for the assistance of the Advocate for Legal Aid or for the benefit of legal aid shall be made either by application or orally to the Advocate for Legal Aid. Cap. 12. (3) Article 911(4), (5) and (6) of the Code of Organization and Civil Procedure shall mutatis mutandis apply to the Advocate for Legal Aid. (4) Where any court is informed by the accused that he has been unable to brief a ny advocate or that he wishes to avail hi mself of the benefit of legal aid that court shall cause the declarat ion made by the accused to be registered in the records of the case and shall order that such declaration, together with the details of the accused, be served on the Advocate for Legal Aid who within two CRIMINAL CODE [CAP. 9. 365 working days shall file a reply indicating if the request of th e accused has been accepted and if so the name of the Advocate fo r Legal Aid who will be re presenting the accused: Provided that in the case of summary proceedings before the Court of Magistrates acting as a Court of Criminal Judicatu re the Court shall appoint the advo cate whose turn it is from the panel of advocates mentioned in article 91 of the Code of Organization and Civil Procedure to assist the accused in those proceedings as well as in any appeal from any d ecision given in those proceedi ngs provided that before filing any such appeal he shall consult th e Advocate for Legal Aid who may, at any time, decide to take ove r the appeal. Cap. 12. (5) The Advocate for Legal Aid may only decline his aid on any ground which, in the opinion of the court, prima face justifies the refusal of his aid. In such event the Court shall order tha t the accused be represented by another advocate, who is not himself excusable, to be appointed by the Court on the recommendation o f the Advocate for Legal Aid from the panel of advocates mentione d in article 91 of the Code of Organization and Civil Procedure provided that the court may in exceptional circumstances to be stated in its decree order any ot her advocate to take up the de fence of the accused. (6) The advocate appointed by the court in the exceptional circumstances referred to in sub -article (5) shall render his s ervices gratuitously. Incompatibility of defence of more than one accused. Amended by: XXI.1971.27; III.2002.136.