4.6. In criminal or penal matters, legal aid shall be granted in appeal or for the filing of an application for judicial review or the exercise of an extraordinary remedy1° where the appeal is filed, the application for judicial review made or the extraordinary remedy exercised by the prosecutor in any matter referred to in section 4.5;
2° where the appeal is filed, the application for judicial review made or the extraordinary remedy exercised by the accused in any matter referred to in section 4.5 if the appeal, the application for judicial review or extraordinary remedy is founded on grounds that appear serious or where, in the case of an appeal, leave to appeal is granted.