Certificate for Assigned Advocate (Certificate for Counsel)

A Certificate granting legal aid to cover the cost of two lawyers following an application for an assigned advocate. 

Applications will be granted when: 

• The offence is indictable (either indictable only or either way); 

  AND 

• The matter is unusually complex; 

  OR 

• The matter is unsually grave; 

  AND

• Representation by an advocate would be desirable as a result  . 

Youth courts typically deal with more serious cases than the adult magistrates court, and it is a more complex skill to represent a child than an adult. So many more should be applied for in the youth court than the magistrates court. The Good Practice Guidance on Certificates for Assigned Advocate in the Youth Court highlights that certificates are not consistently applied for in the youth court, despite this. 

Applications  must also be:

• made in writing; and
• specify what the relevant court is being asked to determine; and
• set out the grounds for the application.

The court must give reasons for its decision following an application.