1 19 L.S.I. 158, 160. Sec. 13 reads as follows:

13(a) Where an accused person has no defence counsel, the court shall appoint a defence counsel for him if —

(1) he is charged with murder or with an offence punishable by death, imprisonment for life or imprisonment for ten years or over; or

(2) he is under sixteen years of age and is brought to trial otherwise than before a Juvenile Court; or

(3) he is dumb, blind or deaf.

(b) Where an accused person who has no defence counsel is destitute or is suspected to be mentally ill, the court may on the application of a party or on its own motion, appoint a defence counsel for him (emphasis added).

2 1 L.S.I. (N.V.) 5, 9–10. Hereinafter cited as the Ordinance.

3 Revivo v. State of Israel (1975) (I) 29 P.D. 778, 779 at marginal letter (e).

4 Koby v. State of Israel (1976) (II) 30 P.D. 757, 789.

5 Sin Poh Amalgamated (H.K.) Ltd. v. Attorney General and Another [1965] 1 All E.R. 225.Google Scholar

6 Halsbury's, Statutes of England (3rd ed., 1971) vol. 32, p. 435.Google Scholar

Sec. 1 provides as follows: In this Act, and in every Act passed after the year one thousand eight hundred and fifty, whether before or after the commencement of this Act, unless the contrary intention appears.

a) …

b) words in the singular shall include the plural, and words in the plural shall include the singular (emphasis added).

7 Supra n. 5, at 227, 228.

8 According to sec. 152 of the Criminal Code Ordinance, 1936, rape is punishable by imprisonment for fourteen years.

9 According to sec. 297 of the Criminal Code Ordinance, 1936, burglary is punishable by imprisonment for seven years.

10 27 Dinei Medinath Israel (New Version) 526.

11 Stimueli, v. State of Israel (1975) (II) 29 P.D. 297.Google Scholar

12 Ibid., at 299.

13 19 L.S.I. 158, 174. Sec. 132 of the Criminal Procedure Law provides as follows: “In the course of the trial, the court shall, if it deems it necessary to do so, explain to the accused the rights given him in regard to his defence”.

14 In England: “A magistrates' court on summary conviction or the Crown Court on committal for sentence or on conviction on indictment may not sentence to imprisonment, to borstal training or to a detention centre a person who is not legally represented in that court and has not been previously sentenced to that punishment, unless either (1) he applied for but was refused legal aid on the ground that it did not appear his means were such that he required assistance or (2) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply. Halsbury's, Law of England (4th ed., 1976), vol. II, p. 302.Google Scholar In the United States: The Supreme Court decision of Argersinger v. Hamlin 407 U.S. 25 (1972) held that the Constitution forbids the imprisonment of any person for a criminal offence unless that person has had or waived the aid of counsel in presenting his or her defence.

15 26 L.S.I. 115.

16 See Lieberman, , “Israel's Legal Aid Law: Remedy for Injustice?” (1974) 9 Is.L.R. 413.Google Scholar

17 Supra n. 1. According to sec. 13 of the Criminal Procedure Law a court may at its discretion appoint defence counsel for an indigent person, however, the court is not required to do so.