Legal Aid Eligibility Based on Circumstances at Application Time

In a criminal proceeding concerning a traffic accident, the private claimant, who had requested legal aid, had their application denied by the lower court due to the subsequent finding that the accused was legally insane at the time of the offense, rendering the private claims for punishment and civil damages prospectively hopeless. The appellate court overturned this decision, reasoning that the assessment of the prospects of success for granting legal aid must be based on the circumstances existing at the time the application was filed, and not retrospectively after facts establishing the hopelessness of the case—such as the psychiatric evaluation determining the accused's incapacity—became known during the course of the proceedings.