Chapter 2 — Counsel
Section 4
(1) A defence counsel, a counsel for the injured party and a support person are to be appointed by the court where the criminal case is pending or where a charge for the offence may be brought. Subject to the criteria provided in section 13(1) and (2) of the Legal Aid Act, the appointment may be given retroactively to concern the necessary measures already undertaken in the case. If the hearing of the case has been concluded and the appeal period or response period has not yet expired, the appointments mentioned above are to be made by the court which last dealt with the case. (260/2002)
(2) In matters referred to in paragraph (1), a district court has a quorum with a single judge and a court of appeal with one member attending. The appointment may be transferred to be dealt with in connection with the criminal case for which the appointment has been requested. When a request for an appointment is decided in chambers and it is not granted, the requesting party is to be notified of the date of the pertinent court order well in advance of the issue of the order.
(3) If the prerequisites for the appointment of a defence counsel, as referred to in section 1, no longer exist, the appointment shall lapse. The provisions on an attorney in the Legal Aid Act apply, in so far as appropriate, to the revocation of the appointment of a defence counsel, a counsel for the injured party or a support person. (260/2002)
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