Free Legal Aid in Criminal Cases
In deciding whether or not you qualify for free legal aid under the criminal legal aid scheme, the judge must consider the following:
The Criminal Justice (Legal Aid) Act 1962 provides that legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two barristers, in the preparation and conduct of their defence. Normally an application for legal aid will be as straightforward, the judge will sometimes ask a the Gardaí if they have any objections to legal aid being granted. The general rule is that if the offence is a serious one and you can’t afford to pay for your own legal advice, then the court grants a legal aid certificate.
An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation. The grant of legal aid is a discretionary matter for the court and is not governed by any financial eligibility guidelines. In the case of a young person the court will look at the means of the parents or guardian to see if they can afford to pay for the legal advice. There is no appeal procedure for the refusal of criminal legal aid. An applicant for free legal aid may be required by the court to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid.
A District Court judge will normally refuse to grant a legal aid certificate in the following circumstances:
If the offence is not a serious one, the judge may still grant legal aid in exceptional circumstances. Such as:
In those cases where you are not entitled to a legal aid certificate under the criminal legal aid scheme,you may be entitled to apply for free legal representation under another scheme.
Johnston Solicitors provide a legal service, 24 hours a day covering all aspect of the criminal justice system from a prosecution for minor to serious offences and all aspects in between. We attend at Garda stations 24 hours a day to represent you and provide you with the legal assistance to get you through the process.
Contact Johnston Solicitors on 01-6852967 or 24 hours a day on our Garda Custody Advice line Tel: 087 7437420 / 01-6853066
In deciding whether or not you qualify for free legal aid under the criminal legal aid scheme, the judge must consider the following:
- Whether your means are enough to enable you to pay for your own legal aid;
- Given the seriousness of the charge or offence, whether it is in the interest of justice that you should have legal aid in the preparation and conduct of your defence. In assessing the seriousness of the case the judge considers the possibility of you receiving a prison sentence or large fine if convicted.
The Criminal Justice (Legal Aid) Act 1962 provides that legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two barristers, in the preparation and conduct of their defence. Normally an application for legal aid will be as straightforward, the judge will sometimes ask a the Gardaí if they have any objections to legal aid being granted. The general rule is that if the offence is a serious one and you can’t afford to pay for your own legal advice, then the court grants a legal aid certificate.
An applicant for legal aid must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation. The grant of legal aid is a discretionary matter for the court and is not governed by any financial eligibility guidelines. In the case of a young person the court will look at the means of the parents or guardian to see if they can afford to pay for the legal advice. There is no appeal procedure for the refusal of criminal legal aid. An applicant for free legal aid may be required by the court to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid.
A District Court judge will normally refuse to grant a legal aid certificate in the following circumstances:
- Where the judge is of the view that the matters before the court are not serious enough.
- Where the judge is of the view that you have enough means to pay for your own legal representation
- Extradition proceedings
- Most judicial review proceedings.
If the offence is not a serious one, the judge may still grant legal aid in exceptional circumstances. Such as:
- If you are very ill
- If you are immature
- If you lack any formal education
- If you are emotionally disturbed or lack the mental capacity to understand the process of the court case.
In those cases where you are not entitled to a legal aid certificate under the criminal legal aid scheme,you may be entitled to apply for free legal representation under another scheme.
- Legal Aid - Custody Issues Scheme & Ad-Hoc Legal Aid Scheme (CAB)
Johnston Solicitors provide a legal service, 24 hours a day covering all aspect of the criminal justice system from a prosecution for minor to serious offences and all aspects in between. We attend at Garda stations 24 hours a day to represent you and provide you with the legal assistance to get you through the process.
Contact Johnston Solicitors on 01-6852967 or 24 hours a day on our Garda Custody Advice line Tel: 087 7437420 / 01-6853066