s. 143 (6) On appeal, a civil forfeiture order, a civil S. 142(6) forfeiture exclusion order or a refusal to make a amended by Nos 87/2004 civil forfeiture exclusion order may be confirmed, s. 22(2)(w), discharged or varied or the matter may be remitted 68/2010 s. 65(5). for re-hearing to the Supreme Court or the County Court, as the case may be, with or without any direction in law. Note Note to s. 142 inserted by In this section, references to any appeal being made in a manner as No. 42/2007 s. 16(4). if it were, or were part of, a sentence imposed in respect of an offence are to enable the adoption of existing appeal procedures. In the case of an order or refusal made in the Magistrates' Court, the requirements and procedures set out in Subdivision 1 of Division 4 of Part 4 of that Act and Schedule 6 to that Act, insofar as they are relevant, apply. In the case of an order or refusal made in the County Court or the Supreme Court, the requirements and procedures set out in Part 6 of that Act and the relevant Rules of Court apply. 143 Provision of legal aid (1) If a court is satisfied at any time that— (a) a restraining order or a civil forfeiture S. 143(1)(a) amended by restraining order has been made in respect of No. 68/2010 property of a person and the restraining order s. 66(a)(b). or the civil forfeiture restraining order, as the case requires, is in force; and (b) the person is in need of legal assistance in S. 143(1)(b) amended by respect of any legal proceeding, whether Nos 18/2005 civil or criminal, and whether in respect of a s. 18(Sch. 1 item 17.2), charge to which the restraining order or the 68/2010 civil forfeiture restraining order, as the case s. 66(b). requires, relates or otherwise, because the person is unable to afford the full cost of obtaining legal assistance from a private law practice or private legal practitioner (within the meaning of the Legal Aid Act 1978) from unrestrained property or income of the person—
S. 142(6) amended by Nos 87/2004 s. 22(2)(w), 68/2010 s. 65(5). (6) On appeal, a civil forfeiture order, a civil forfeiture exclusion order or a refusal to make a civil forfeiture exclusion order may be confirmed, discharged or varied or the matter may be remitted for re-hearing to the Supreme Court or the County Court, as the case may be, with or without any direction in law. Note to s. 142 inserted by No. 42/2007 s. 16(4). Note In this section, references to any appeal being made in a manner as if it were, or were part of, a sentence imposed in respect of an offence are to enable the adoption of existing appeal procedures. In the case of an order or refusal made in the Magistrates' Court, the requirements and procedures set out in Subdivision 1 of Division 4 of Part 4 of that Act and Schedule 6 to that Act, insofar as they are relevant, apply. In the case of an order or refusal made in the County Court or the Supreme Court, the requirements and procedures set out in Part 6 of that Act and the relevant Rules of Court apply. 143 Provision of legal aid s. 143 (1) If a court is satisfied at any time that— S. 143(1)(a) amended by No. 68/2010 s. 66(a)(b). (a) a restraining order or a civil forfeiture restraining order has been made in respect of property of a person and the restraining order or the civil forfeiture restraining order, as the case requires, is in force; and S. 143(1)(b) amended by Nos 18/2005 s. 18(Sch. 1 item 17.2), 68/2010 s. 66(b). (b) the person is in need of legal assistance in respect of any legal proceeding, whether civil or criminal, and whether in respect of a charge to which the restraining order or the civil forfeiture restraining order, as the case requires, relates or otherwise, because the person is unable to afford the full cost of obtaining legal assistance from a private law practice or private legal practitioner (within the meaning of the Legal Aid Act 1978) from unrestrained property or income of the person—
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