Section 7

Where application is made to a judge under section 5 or 6, the judge may refer the application to the Director of Social Welfare for a report on the means of the applicant.

If the judge is of opinion on the facts brought before him including any report by the Director of Social Welfare that the person making the application is without adequate means to obtain legal aid and that it is desirable in the interests of justice that such legal aid should be supplied, he shall certify this to the Director, who may thereupon cause arrangements to be made for the defence of that person and payment of the expenses of all material witnesses or for the preparation and conduct of the appeal or for resisting the appeal, as the case may be.

Any doubt whether an applicant’s means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid shall be resolved in favour of the applicant.

For the purposes of this section, “Director of Social Welfare” means the person for the time being performing the duties of the Director of Social Welfare and includes such other officers as the Minister may, by notification in the Gazette, declare to be vested with the powers of the Director of Social Welfare for the purposes of this section.