Appeals to the High Court and Court of Appeal
In this section the expression “trial court” refers to the Court in which the proceedings were originally commenced (Circuit Court or High Court) and the expression “appellate court” refers to the Court to which the appeal is being made (the High Court or Court of Appeal).
These may be granted by:
Higher Executive Officers and above If you receive an application for legal aid to appeal of an order of a trial court to an appeal court (other than from the District Court to the Circuit Court) take the following steps:
- Grant Counsel’s opinion to seek the merits of appealing the case
- Ask the solicitor to provide a view on whether it is reasonable to appeal the case, having applied section 24(a) and (b) of the Act.
On receipt of Counsel’s opinion, grant the application if:
- Counsel has advised in writing that there are substantial grounds for appealing the case
- The solicitor certifies that in his/her opinion it is reasonable to appeal the case, having applied Section 24 (a) and (b) of the Act
Consider refusing the application if:
- Counsel has advised that there are little or no grounds for appealing the case
- The solicitor has not certified that it is reasonable to appeal the case