Cap. 9 Art. 355AUScope of this Sub-title.

(1) This Sub-title applies to suspects or accused persons in criminal proceedings from the time when they are made aware by the Executive Police or by any other law enforcement or judicial authority, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence, and irrespective of whether they are deprived of liberty.

(2) This Sub-title applies until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspect or the accused person has committed an offence, including, where applicable, sentencing and the resolution of any appeal.

(3) This Sub-title applies also to persons subject to European arrest warrant proceedings in terms of Framework Decision 2002/ 584/JHA referred to in article 355AT(2)(c) (hereinafter referred to as "the requested persons") from the time of their arrest in accordance with article 355AUJ.

(4) The provisions relating to legal aid under this Sub-title shall apply:

(a) to suspects and accused persons in criminal proceedings who have a right of access to a lawyer pursuant to this Sub-title and who are:

(i) deprived of liberty;

(ii) required to be assisted by a lawyer by law; or

(iii) required or permitted to attend an investigative or evidence-gathering act, including as a minimum the following:

(A) identity parades;

(B) confrontations;

(C) reconstructions of the scene of a crime; and

(b) to a requested person upon an arrest under article 355AUT(2)(c) persons who have a right of access to a lawyer under this Sub-title;

(c) under the same conditions as provided for in paragraph (a), to persons who were not initially suspects or accused persons but become suspects or accused persons in the course of questioning by the police or by another law enforcement authority.

(5) This Sub-title also applies, under the same conditions as provided for in sub-article (1), to persons other than the suspect or the accused person who, in the course of questioning by the Executive Police or by another law enforcement or judicial authority, become suspects or accused persons.

(6) Without prejudice to the right to a fair trial, in respect of minor offences -

(a) where the law provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or

(b) where deprivation of liberty cannot be imposed as a sanction, this Sub-title shall only apply to the proceedings before a court having jurisdiction in criminal matters: Provided that, in any event, this Sub-title shall fully apply where the suspect or accused person is deprived of liberty, irrespective of the stage of the criminal proceedings.