ABSTRACT
The Crown Court can only grant legal aid in respect of its own proceedings. This means that if the magistrates refuse to grant legal aid for the mode of trial hearing, for committal proceedings or for summary trial, the Crown Court has no jurisdiction to review this refusal. If, on the other hand, the magistrates refuse legal aid for trial on indictment or for representation in the Crown Court following committal for sentence (s 38 of the Magistrates’ Courts Act 1980) or for an appeal against summary conviction and/or sentence then the Crown Court may itself grant legal aid.
