Powers of Criminal Courts Act 1973 (repealed)
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Change 1
21 Restriction on imposing sentences of imprisonment, Borstal training or detention on persons not legally represented.
(1) A magistrates’ court on summary conviction or the Crown Court on committal for sentence or on conviction on indictment shall not pass a sentence of imprisonment, . . . on a person who is not legally represented in that court and has not been previously sentenced to that punishment by a court in any part of the United Kingdom, unless either— (a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or (b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply. (2) For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced, and in subsection (1)(a) and (b) above “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial, or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed or sent him. (3) For the purposes of this section— (a) a previous sentence of imprisonment which has been suspended and which has not taken effect under section 23 of this Act or under section 19 of the Treatment of Offenders Act (Northern Ireland) 1968 shall be disregarded; (b) “sentence of imprisonment” does not include a committal or attachment for contempt of court or any kindred offence; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 Restriction on imposing sentences of imprisonment, Borstal training or detention on persons not legally represented.
(1) A magistrates’ court on summary conviction or the Crown Court on committal for sentence or on conviction on indictment shall not pass a sentence of imprisonment, . . . on a person who is not legally represented in that court and has not been previously sentenced to that punishment by a court in any part of the United Kingdom, unless either— (a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or (b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply. (2) For the purposes of this section a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced, and in subsection (1)(a) and (b) above “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence; but in the case of a person committed to the Crown Court for sentence or trial, or sent to that Court for trial under section 51 of the Crime and Disorder Act 1998, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that court or the court which committed or sent him. (3) For the purposes of this section— (a) a previous sentence of imprisonment which has been suspended and which has not taken effect under section 23 of this Act or under section 19 of the Treatment of Offenders Act (Northern Ireland) 1968 shall be disregarded; (b) “sentence of imprisonment” does not include a committal or attachment for contempt of court or any kindred offence; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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