Criminal Legal Aid

Table of Contents

CRIMINAL JUSTICE (LEGAL AID) ACT, 1962.

AN ACT TO MAKE PROVISION FOR THE GRANT BY THE STATE OF FREE LEGAL AID TO POOR PERSONS IN CERTAIN CRIMINAL CASES. [20th June, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In this Act, except where the context otherwise requires—

“justice” means justice of the District Court and includes the President of the District Court;

“the Minister” means the Minister for Justice.

Legal aid (District Court) certificate.

2.—(1) If it appears to the District Court—

(a) that the means of a person charged before it with an offence are insufficient to enable him to obtain legal aid, and

(b) that by reason of the gravity of the charge or of exceptional circumstances it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence before it,

the Court shall, on application being made to it in that behalf, grant in respect of him a certificate for free legal aid (in this Act referred to as a legal aid (District Court) certificate) and thereupon he shall be entitled to such aid and to have a solicitor and (where he is charged with murder and the Court thinks fit) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A decision of the District Court in relation to an application under this section shall be final and shall not be appealable.

Legal aid (trial on indictment) certificate.

3.—(1) Where—

(a) a person is returned for trial for an indictable offence, and

(b) a certificate for free legal aid (in this Act referred to as a legal aid (trial on indictment) certificate) is granted in respect of him by the District Court, upon his being returned for trial, or by the judge of the court before which he is to be or is being tried,

the person shall be entitled to free legal aid in the preparation and conduct of his defence at the trial and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (trial on indictment) certificate shall be granted in respect of a person returned for trial for an indictable offence if (but only if)—

(a) application is made therefor,

(b) it appears to the District Court or the judge of the court before which the person is to be or is being tried that the means of the person are insufficient to enable him to obtain legal aid, and

(i) the return for trial is upon a charge of murder, or

(ii) it appears to the District Court or the judge of the court before which the person is to be or is being tried (as the case may be) that, having regard to all the circumstances of the case (including the nature of such defence (if any) as may have been set up), it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of his defence at the trial.

Legal aid (appeal) certificate.

4.—(1) Where—

(a) a person is convicted of an offence, and

(b) a certificate for free legal aid (in this Act referred to as a legal aid (appeal) certificate) is granted in respect of him by the District Court or by the judge of the court before which he was tried or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of an appeal from the conviction or the penalty (if any) imposed on conviction and to have a solicitor and (where the appeal lies to the Court of Criminal Appeal) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (appeal) certificate shall be granted in respect of a person convicted of an offence if (but only if)—

(a) application is made therefor,

(b) it appears to the District Court or the judge of the court before which the person was tried that his means are insufficient to enable him to obtain legal aid, and

(i) the conviction is of murder, or

(ii) it appears to the District Court or the judge of the court before which the person was tried that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of an appeal.

(3) Where a person is, on being convicted of an offence, refused a legal aid (appeal) certificate, he may apply for the certificate to the court to which an appeal from the conviction lies either—

(a) by letter addressed to the registrar of that court setting out the facts of the case and the grounds of the application, or

(b) to the court itself,

and the court shall grant the certificate if (but only if)—

(i) it appears to the court that the means of the person are insufficient to enable him to obtain legal aid, and

(ii) either—

(I) the conviction is of murder, or

(II) it appears to the court that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the convicted person should have legal aid in the preparation and conduct of an appeal.

Legal aid (case stated) certificate.

5.—(1) Where—

(a) a person is charged with an offence before the District Court or the Circuit Court or appeals to the Circuit Court against a conviction of an offence by the District Court and the justice or judge (as the case may be) of the court before which the charge or appeal (as the case may be) is heard refers a question of law arising in the proceedings to the High Court or Supreme Court (as the case may be) by way of case stated or the justice states a case in relation to the proceedings for the opinion of the High Court, and

(b) a certificate for free legal aid (in this Act referred to as a legal aid (case stated) certificate) is granted in respect of the person by the court before which the charge or appeal (as the case may be) is heard or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the case stated and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) Where a person is charged with an offence before the District Court or the Circuit Court or appeals to the Circuit Court against a conviction of an offence by the District Court and the justice or judge (as the case may be) of the court before which the charge or appeal (as the case may be) is heard refers a question of law arising in the proceedings to the High Court or Supreme Court (as the case may be) by way of case stated or the justice states a case in relation to the proceedings for the opinion of the High Court, a legal aid (case stated) certificate shall be granted in respect of the person if (but only if)—

(a) application is made therefor,

(b) it appears to the court before which the charge or appeal (as the case may be) is heard that the means of the person are insufficient to enable him to obtain legal aid, and

(c) it appears to the court before which the charge or appeal (as the case may be) is heard that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.

(3) Where, in relation to a case stated, a person is refused a legal aid (case stated) certificate by the District Court or Circuit Court, he may apply for the certificate to the court in which the case stated is to be heard either—

(a) by letter addressed to the registrar of that court setting out the facts of the case and the grounds of the application, or

(b) to the court itself,

and the court shall grant the certificate if (but only if)—

(i) it appears to the court that the means of the person are insufficient to enable him to obtain legal aid, and

(ii) it appears to the court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.

Legal aid (Supreme Court) certificate.

6.—(1) Where—

(a) a person is charged with an offence,

(b) an appeal is brought to the Supreme Court from a determination of the Court of Criminal Appeal in relation to the offence or the penalty (if any) imposed in respect thereof or from a determination of the High Court on a case stated by a justice in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, and

(c) a certificate for free legal aid (in this Act referred to as a legal aid (Supreme Court) certificate) is granted in respect of the person charged with the offence to which the appeal relates by the Court of Criminal Appeal or the High Court (as the case may be) or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the appeal and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (Supreme Court) certificate shall be granted if (but only if)—

(a) application is made therefor,

(b) it appears to the Court of Criminal Appeal or the High Court (as the case may be) that the means of the person charged with the offence are insufficient to enable him to obtain legal aid, and

(c) in the case of an appeal from a determination of the High Court on a case stated by a justice, it appears to the High Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.

(3) Where a person is refused a legal aid (Supreme Court) certificate, he may apply for the certificate to the Supreme Court either—

(a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or

(b) to the Supreme Court itself,

and the Court shall grant the certificate if (but only if)—

(i) it appears to the Court that the means of the person are insufficient to enable him to obtain legal aid, and

(ii) in the case of an appeal from a determination of the High Court on a case stated by a justice, it appears to the Supreme Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.

Payment of expenses of legal aid out of moneys provided by Oireachtas.

7.—(1) Where a legal aid (District Court) certificate or a legal aid (trial on indictment) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the defence to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.

(2) Where a legal aid (appeal) certificate, a legal aid (case stated) certificate or a legal aid (Supreme Court) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s case in relation to the appeal or case stated (as the case may be) to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.

Restriction of section 34 of Courts of Justice Act, 1924, and section 5 of Courts of Justice Act, 1928..

8.—(1) Where a legal aid (trial on indictment) certificate is granted in respect of a person, the Court of Criminal Appeal shall not have jurisdiction under section 34 of the Courts of Justice Act, 1924 , or section 5 of the Courts of Justice Act, 1928 , to award costs to the person in respect of court proceedings in relation to which the certificate applies.

(2) Where a legal aid (appeal) certificate is granted in respect of a person, the Court of Criminal Appeal shall not have jurisdiction under the said section 34 or the said section 5 to award costs to the person in respect of court proceedings in relation to which the certificate applies.

Statement as to means.

9.—(1) Before a person is granted a legal aid certificate he may be required by the court or judge, as the case may be, granting the certificate to furnish a written statement in such form as may be prescribed by the Minister by regulations under section 10 of this Act about matters relevant for determining whether his means are insufficient to enable him to obtain legal aid.

(2) In this and in the next following section “legal aid certificate” means a legal aid (District Court) certificate, a legal aid (trial on indictment) certificate, a legal aid (appeal) certificate, a legal aid (case stated) certificate or a legal aid (Supreme Court) certificate.

Regulations.

10.—(1) The Minister may make regulations for carrying this Act into effect and the regulations may, in particular, prescribe—

(a) the form of legal aid certificates,

(b) the rates or scales of payment of any fees, costs or other expenses payable out of moneys provided by the Oireachtas pursuant to such certificates,

(2) Regulations under this section in relation to the matters specified in paragraph (b) of subsection (1) of this section shall not be made without the consent of the Minister for Finance.

(3) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.

Penalty for false or misleading statements.

11.—(1) A person who, for the purpose of obtaining free legal aid under this Act, whether for himself or some other person, knowingly makes a false statement or false representation either verbally or in writing or knowingly conceals any material fact shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.

(2) Upon conviction of a person of an offence under this section, the court by which the person is convicted may, if in the circumstances of the case the court so thinks fit, order the person to pay to the Minister the whole or part (as the court considers appropriate) of any sum paid under section 7 of this Act in respect of the free legal aid in relation to which the offence was committed, and any sum paid to the Minister pursuant to this section shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

Commencement.

12.—This Act shall come into operation on such day as the Minister may appoint by order.

Expenses.

13.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

Short Title.

14.—This Act may be cited as the Criminal Justice (Legal Aid) Act, 1962.

Criminal Justice Act, 1999

Legal Aid.

4H.—(1) The provision for legal aid made by section 2 of the Criminal Justice (Legal Aid) Act, 1962 , shall extend to the accused in relation to all proceedings conducted under this Part before the District Court.

(2) The provision for legal aid made by section 3 of the Criminal Justice (Legal Aid) Act, 1962 , shall extend to the accused in relation to all proceedings conducted under this Part before the trial court, the Court of Criminal Appeal or an alternative court referred to in section 4Q.

Criminal Procedure Act 2010

Effect of re-trial order.

13.— (1) Where a person is ordered under subsection (1) or (2) of section 10 to be re-tried for an offence, he or she may, notwithstanding any rule of law, be again indicted and tried and, if found guilty, sentenced for that offence.

(2) In a case to which subsection (1) relates, the Court may—

(a) order that the person concerned be detained in custody or admitted to bail pending the re-trial on such terms as the Court thinks proper,

(b) where the person concerned does not appear before the Court for the hearing and determination of the application, issue a warrant for his or her arrest.

(3) A legal aid (re-trial order) certificate which was granted in relation to the proceedings under section 8 or 9 shall have effect as if it had been granted also in relation to the re-trial ordered in respect of that person.

(4) A person who was not granted a legal aid (re-trial order) certificate and who is the subject of a re-trial order may apply for a legal aid (trial on indictment) certificate and section 3 of the Act of 1962 shall, with any necessary modifications, apply to that application.

(b) in which the accused was arrested or resides.”.

Criminal Evidence Act, 1992

Procedure in District Court in relation to certain offences.

15.—(1) Where—

(a) a person is before the District Court charged with an offence to which this Part applies,

(b) the person in respect of whom the offence is alleged to have been committed is a person under 17 years of age,

(d) it is proposed, pursuant to section 16 (1) (b), that a videorecording of a statement made by that person during an interview as mentioned in that provision shall be given in evidence at the trial,

the prosecution shall, in addition to causing the documents mentioned in section 6 (1) of the Criminal Procedure Act, 1967 , to be served on the accused—

(i) notify him that it is proposed so to give evidence, and

(ii) give him an opportunity of seeing the videorecording of the interview in advance of the preliminary examination.

(2) If at a preliminary examination of an offence to which this Part applies the person in respect of whom the offence is alleged to have been committed is available for cross-examination, any statement made by him on a videorecording mentioned in section 16 (1) (b) may be considered by the judge of the District Court conducting the preliminary examination.

(3) If the accused consents, an edited version of the videorecording of an interview mentioned in section 16 (1) (b) may, with the leave of the court, be shown at the preliminary examination and, in that event, subsection (2) and the said section 16 (1) (b) shall apply in relation to that version as it applies to the original videorecording.

(4) The Criminal Justice (Legal Aid) Act, 1962 , is hereby amended—

(a) by the insertion after section 2 of the following section:

“2A. (1) Where—

(a) a person is before the District Court charged with an offence to which Part III of the Criminal Evidence Act, 1992, applies, and

(b) it is proposed that at the preliminary examination of the offence evidence will be given through a live television link pursuant to section 13 of that Act, and

(c) a certificate for free legal aid (in this Act referred to as a ‘legal aid (preliminary examination) certificate’) is granted in respect of him by the District Court,

the person shall be entitled to free legal aid at the preliminary examination pursuant to a legal aid (preliminary examination) certificate and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (preliminary examination) certificate shall be granted in respect of a person if (but only if)—

(a) application is made therefor,

(b) it appears to the District Court—

(i) that his means are insufficient to enable him to obtain legal aid, and

(ii) that, having regard to all the circumstances of the case (including the nature of such defence (if any) as may have been set up), it is essential in the interests of justice that he should have legal aid at the preliminary examination.”,

and

(b) by the insertion in section 9 (2), after “legal aid (District Court) certificate,” of “a legal aid (preliminary examination) certificate,”.

Criminal Procedure (Amendment) Act, 1973

Extension of legal aid.

3.—(1) The provision for legal aid made by section 2 of the Criminal Justice (Legal Aid) Act, 1962 , for a person charged before the District Court with an offence shall extend to all proceedings under Part II of the Criminal Procedure Act, 1967 .

(2) The provision for legal aid made by sections 3 and 4 of the Criminal Justice (Legal Aid) Act, 1962 , shall, in relation to a person sent forward for sentence under section 13 (2) of the Criminal Procedure Act, 1967 , extend to the proceedings in the court to which he is sent forward and to any appeal against sentence as if he had been returned for trial and, for this purpose, the proceedings in the said court shall be deemed to be a trial on indictment.

(3) Section 19 (3) of the Criminal Procedure Act, 1967 , is hereby repealed.

Court of Appeal Act 2014

Amendment of Criminal Justice (Legal Aid) Act 1962

45. The Criminal Justice (Legal Aid) Act 1962 is amended—

(a) by the insertion of the following section after section 5:

“Legal aid (case stated appeal) certificate

“5A. (1) Where—

(a) a person is charged with an offence,

(b) an appeal is brought to the Court of Appeal from a determination of the High Court on a case stated by a judge in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, and

(c) a certificate for free legal aid (in this Act referred to as a ‘legal aid (case stated appeal) certificate’) is granted in respect of the person charged with the offence to which the appeal relates by the High Court or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of his or her case in relation to the appeal and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (case stated appeal) certificate shall be granted if (but only if)—

(a) application is made therefor, and

(b) it appears to the High Court that—

(i) the means of the person charged with the offence are insufficient to enable him or her to obtain legal aid, and

(ii) by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated appeal) certificate should be granted in respect of the person.

(3) Where a person is refused a legal aid (case stated appeal) certificate, he or she may apply for the certificate to the Court of Appeal either—

(a) by letter addressed to the Registrar of the Court of Appeal setting out the facts of the case and the grounds of the application, or

(b) to the Court of Appeal itself,

and the Court shall grant the certificate if (but only if) it appears to the Court that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(b) in section 6—

(i) by the substitution, in subsection (1), of the following paragraph for paragraph (b):

“(b) an appeal is brought to the Supreme Court from—

(i) a determination of the Court of Criminal Appeal, Court of Appeal or the Central Criminal Court in relation to the offence or the penalty (if any) imposed in respect thereof,

(ii) a determination of the Court of Appeal on a case stated by the Circuit Court in relation to the proceedings in the Circuit Court in regard to the offence or in relation to a question of law arising in those proceedings,

(iii) a determination of the High Court on a case stated by a judge in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, or

(iv) a determination of the Court of Appeal on appeal from a determination of the High Court referred to in subparagraph (iii), and”,

(ii) by the substitution of the following subsection for subsection (2):

“(2) A legal aid (Supreme Court) certificate shall be granted if (but only if)—

(a) application is made therefor,

(b) it appears to the Court of Criminal Appeal, Court of Appeal or the High Court (as the case may be) that the means of the person charged with the offence are insufficient to enable him to obtain legal aid,

(i) a determination of the Court of Appeal on a case stated by the Circuit Court in relation to the proceedings in the Circuit Court in regard to the offence or in relation to a question of law arising in those proceedings,

(ii) a determination of the High Court on a case stated by a judge in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, or

(iii) a determination of the Court of Appeal on appeal from a determination of the High Court referred to in subparagraph (ii),

it appears to the Court of Appeal or the High Court (as the case may be) that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.”,

(iii) by the substitution, in subsection (3), of the following subparagraph for subparagraph (ii):

“(ii) in the case of an appeal from—

(I) a determination of the Court of Appeal on a case stated by the Circuit Court in relation to the proceedings in the Circuit Court in regard to the offence or in relation to a question of law arising in those proceedings,

(II) a determination of the High Court on a case stated by a judge in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, or

(III) a determination of the Court of Appeal on appeal from a determination of the High Court referred to in clause (II),

it appears to the Supreme Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.”,

and

(iv) by the insertion of the following subsections after subsection (3):

“(4) Where on or after the establishment day—

(a) an appeal before the Supreme Court is subsequently determinable by the Court of Appeal pursuant to a direction given under Article 64.3.1° of the Constitution or an order made under Article 64.4.1° of the Constitution, or

(b) an application to the Supreme Court seeking leave to appeal against a decision of the High Court is refused by the Supreme Court and an appeal against the decision of the High Court is subsequently brought to the Court of Appeal,

and a legal aid (Supreme Court) certificate was granted in respect of the person the subject of the appeal referred to in paragraph (a) or the application referred to in paragraph (b), as the case may be, a legal aid (appeal) certificate or a legal aid (case stated appeal) certificate, as the case may be, shall be deemed to have been granted in respect of the person in relation to the proceedings before the Court of Appeal.

(5) In this section ‘the establishment day’ has the same meaning as it has in section 2 of the Court Of Appeal Act 2014.”,

“(5) Where a legal aid (case stated appeal) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s case in relation to the appeal to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.”,

and

(d) in section 9(2), by the insertion of “a legal aid (case stated appeal) certificate,” after “a legal aid (case stated) certificate,”.

Criminal Justice Act 2007

Amendment of Criminal Justice (Legal Aid) Act 1962.

27.— The Criminal Justice (Legal Aid) Act 1962 is amended—

(a) by the insertion of the following sections after section 6:

“Legal aid (monitoring order) certificate.

6A.— (1) Where—

(a) a monitoring order has been made in relation to a person, and

(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (monitoring order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26 (8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (monitoring order) certificate shall be granted in relation to a person in respect of whom a monitoring order has been made if (but only if)—

(a) application is made therefor,

(b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.

(3) In this section ‘monitoring order’ has the meaning it has in section 26 of the Criminal Justice Act 2007.

Legal aid (protection of persons order) certificate.

6B.— (1) Where—

(a) a protection of persons order has been made in relation to a person, and

(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (protection of persons order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

(2) A legal aid (protection of persons order) certificate shall be granted in respect of a person in relation to whom a protection of persons order has been made if (but only if)—

(a) application is made therefor,

(b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(3) In this section ‘ protection of persons order ’ has the meaning it has in section 26 of the Criminal Justice Act 2007.”,

(b) in section 7, by the addition of the following subsection:

“(3) Where a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s application to vary or revoke the monitoring order or the protection of persons order to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.”,

and

(c) in section 9(2), by the substitution of “, a legal aid (Supreme Court) certificate, a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate” for “or a legal aid (Supreme Court) certificate”.

Criminal Procedure Act 2010

Amendment of Act of 1962.

11.— The Act of 1962 is amended—

(a) by the insertion of the following section after section 6B:

“Legal aid (re-trial order) certificate.

6C.— (1) Where—

(a) an application for a re-trial order has been made in relation to a person, and

(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (re-trial order) certificate’) is granted in respect of him or her by the Court of Criminal Appeal,

the person shall be entitled to free legal aid in the preparation and conduct of his or her case in relation to an application under section 8 or 9 of the Criminal Procedure Act 2010 and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (re-trial order) certificate shall be granted in relation to a person in respect of whom an application under section 8 or 9 of the Criminal Procedure Act 2010 has been made if (but only if)—

(a) an application is made therefor,

(b) it appears to the Court of Criminal Appeal that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(ii) it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of his or her case in relation to the application for a re-trial order.

(3) In this section ‘application for a re-trial order’ has the meaning it has in section 7 of the Criminal Procedure Act 2010.”,

(b) in section 7, by the addition of the following subsection:

“(4) Where a legal aid (re-trial order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s case in relation to the application to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.”,

and

(c) in section 9(2), by the substitution of “, a legal aid (protection of persons order) certificate or a legal aid (re-trial order) certificate” for “or a legal aid (protection of persons order) certificate”.

Finance Act, 1998

Tax clearance for criminal legal aid scheme.

132.—The Criminal Justice (Legal Aid) Act, 1962 , is hereby amended, in section 10(1), by the addition of the following after paragraph (c):

“(d) (i) a requirement that a solicitor who has notified a county registrar in accordance with the Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 ), of his willingness to act for persons to whom legal aid certificates are granted must, when required to do so by the Minister, furnish to the County Registrar a certificate issued by the Collector-General (within the meaning of section 851 of the Taxes Consolidation Act, 1997 ) in respect of that solicitor certifying that he has complied with all the obligations imposed on him by the Tax Acts, the Capital Gains Tax Acts and the Value-Added Tax Act, 1972 , and the enactments amending or extending that Act (and any instruments made under those Acts) in relation to—

(I) the payment or remittance of the taxes, interest and penalties required to be paid or remitted, and

(II) the delivery of returns,

(ii) a requirement that a barrister, the willingness of whom to act for persons to whom legal aid certificates are granted has been notified to the Minister by the General Council of the Bar of Ireland in accordance with the Criminal Justice (Legal Aid) Regulations, 1965, must, when required to do so by the Minister, furnish to the Minister a certificate issued by the Collector-General (within the meaning of section 851 of the Taxes Consolidation Act, 1997 ) in respect of that barrister certifying that he has complied with all the obligations imposed on him by the Tax Acts, the Capital Gains Tax Acts and the Value-Added Tax Act, 1972 , and the enactments amending or extending that Act (and any instruments made under those Acts) in relation to—

(I) the payment or remittance of the taxes, interest and penalties required to be paid or remitted, and

(II) the delivery of returns,

(e) the conditions that must be satisfied before a certificate referred to in paragraph (d) of this subsection may be issued by the Collector-General (within the meaning aforesaid),

(f) matters consequential on, or incidental to, a requirement or condition prescribed under paragraph (d) or (e) of this subsection (which may include a provision enabling the deletion from any list kept pursuant to regulations under this subsection of the name of a solicitor or barrister who has failed to comply with a requirement prescribed under the said paragraph (d)).”.

S.I. No. 12/1965 –

Criminal Justice (Legal Aid) Regulations, 1965

S.I. No. 12 of 1965.

CRIMINAL JUSTICE (LEGAL AID) REGULATIONS, 1965

I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 10 of the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962), and in so far as these regulations are in relation to rates or scales of payment of fees, costs or expenses payable out of moneys provided by the Oireachtas pursuant to certificates for free legal aid with the consent of the Minister for Finance, hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Legal Aid) Regulations, 1965.

2.—(1) These Regulations shall not apply in relation to proceedings initiated before the commencement of the Act.

(2) For the purposes of paragraph (1) of this Regulation, proceedings shall be regarded as being initiated against a person on the day on which a summons in respect of the complaint against the person to which the proceedings relate is issued or, if a summons is. not issued, on the day on which the person is charged with the offence to which the proceedings relate.

3. In these Regulations—

“the Act” means the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962);

“the Minister” means the Minister for Justice.

4.—(1) As soon as may be after the making of these Regulations, each county registrar shall compile a list of the solicitors practising in the county, or the county and county borough, as the case may be, of which he is county registrar who have notified him of their willingness to act for persons to whom certificates for free legal aid are granted and shall send a copy of the list to—

(a) the registrar of the Supreme Court,

(b) the registrar of the Court of Criminal Appeal,

(d) the registrar of the Central Criminal Court,

(e) the District Court clerk for each district court area (or part of an area) for cases of summary jurisdiction in the county, or county and county borough, as the case may be aforesaid, and

(f) the Secretary of the Incorporated Law Society.

(2) Where, at any time after the compilation of a list in pursuance of this Regulation—

(a) a county registrar for the county, or the county and county borough, as the case may be, to which the list relates is notified by a solicitor practising in the county, or the county and county borough, as the case may be, of his willingness to act for the persons to whom certificates for free legal aid are granted or of his wish to have his name deleted from the list,

(b) an order is made removing from or striking off the roll maintained under section 9 of the Solicitors’ Act, 1954 (No. 36 of 1954), the name of a solicitor whose name is on the list kept in pursuance of this Regulation or restoring to such roll the name of a solicitor whose name was on such list, or suspending from practice a solicitor whose name is on such list, or

(c) the period of suspension from practice of a solicitor whose name was on the list kept in pursuance of this Regulation at the time of the commencement of the suspension has ended,

the county registrar aforesaid shall amend accordingly the list kept in pursuance of this Regulation by adding thereto or deleting therefrom, as the case may be, the name of the solicitor and shall notify the persons mentioned in paragraph (1) of this Regulation of the amendment.

(3) A solicitor who is willing to act for persons to whom certificates for free legal aid are granted and who wishes to have his name included in a list or lists kept pursuant to this Regulation and a solicitor who wishes to have his name deleted from such list or lists shall notify in writing the appropriate county registrar or county registrars and, upon making the amendment referred to in paragraph (2) of this Regulation in the list kept by him, the county registrar, or each county registrar, concerned shall notify the solicitor of the amendment.

(4) A list kept by a county registrar pursuant to this Regulation shall be the list of solicitors for the Circuit Court sitting in the county, or county and county borough, as the case may be, of which he is county registrar, and the copies of the lists received by the court officers specified in subparagraph (1) of this Regulation shall be the lists of solicitors for the respective courts of which they are officers.

5.—(1) As soon as may be after the making of these Regulations, the Council shall send to the Minister the names of the counsel who have notified it of their willingness to act for persons to whom certificates for free legal aid are granted.

(2) The Minister shall keep a list of the names aforesaid and shall send a copy of the list to—

(a) the registrar of the Supreme Court,

(b) the registrar of the Court of Criminal Appeal,

(d) the registrar of the Central Criminal Court,

(e) each county registrar, and

(f) each District Court clerk.

(3) Where, at any time after the compilation of a list in pursuance of this Regulation, the Council is notified by a counsel of his willingness to act for persons granted certificates for free legal aid or of his wish to have his name deleted from the list, the Council shall notify the Minister of such wish and the Minister shall amend accordingly the list kept by him pursuant to this Regulation by adding thereto or deleting therefrom, as the case may be, the name of the counsel and the Minister shall notify the officers mentioned in paragraph (2) of this Regulation of the amendment.

(4) A counsel who is willing to act for persons granted certificates for free legal aid and who wishes to have his name included in the list kept by the Minister pursuant to this Regulation and a counsel who wishes to have his name deleted from such list shall notify the Council in writing and upon receipt of the notification the Council shall notify the Minister and the Minister shall amend accordingly the list kept by him pursuant to this Regulation and shall notify the counsel of the amendment.

(5) In this Regulation “the Council” means the General Council of the Bar of Ireland.

6.—(1) The registrar of the Supreme Court, the registrar of the Court of Criminal Appeal, the registrar of the High Court managing the Central Office of the High Court, the registrar of the Central Criminal Court, each county registrar and each District Court clerk shall keep a register of all cases in which application is made to the court of which he is an officer for a certificate for free legal aid and shall record therein in respect of each case—

(a) the date of the application;

(b) the name of the applicant;

(d) the result of the application, and

(e) if the application is granted, the names of the solicitor and of the counsel (if any) assigned.

(2) Each officer specified in paragraph (1) of this Regulation shall send to the Department of Justice, at such times as the Minister may from time to time direct, a copy of the entries in the register kept by him pursuant to the provisions of that paragraph.

7.—(1) Upon the grant of a certificate for free legal aid, the court granting the certificate shall, having taken into consideration the representations (if any) of the person to whom the certificate was granted, assign to him a solicitor from the appropriate list kept pursuant to Regulation 4 of these Regulations to act for him in the preparation and conduct of his case.

(2) The court granting a certificate (other than a legal aid (District Court) certificate) for free legal aid may, if the person to whom it is granted is charged with murder or the case concerning him appears to present exceptional difficulty and is not an appeal to the Circuit Court and the court is of opinion that the defence or appeal, as the case may be, cannot be conducted adequately without the assistance of two counsel, direct that two counsel be assigned to the person to act for him in the preparation and conduct of his case.

(3) Where a certificate for free legal aid is granted to a person and the certificate entitles the person to have counsel assigned to him—

(a) in case the certificate includes a direction under paragraph (2) of this Regulation, any two counsel whose names are included in the list kept by the Minister pursuant to Regulation 5 of these Regulations, and

(b) in any other case, any one counsel whose name is included in such list,

may be retained on behalf of the person by the solicitor who has been assigned pursuant to the certificate to act for the person in the preparation and conduct of his case and, upon such retention, the counsel shall be deemed to have been assigned to the person pursuant to the certificate to act for the person in the preparation and conduct of his case.

(4) Where two or more certificates for free legal aid are granted to a person and the cases in relation to which they are granted are heard together or in immediate succession, one certificate only shall (unless the Court, being satisfied that there is good reason for so doing, otherwise directs) be deemed, for the purposes of these Regulations, to have been granted to the person.

8.—(1) Where a certificate for free legal aid is granted by any court in respect of free legal aid in another court, a copy of the certificate shall be sent by the court officer concerned to the registrar of the other court.

(2) Where an application by a person under subsection (2) of section 4, 5 or 6 of the Act for a certificate for free legal aid is refused, the registrar of the court to which the person may then apply for a certificate shall be notified of such refusal by the court officer concerned.

9.—(1) A certificate for free legal aid shall be in such one of the forms set out in the First Schedule to these Regulations as may be appropriate.

(2) Where a person is required, pursuant to section 9 of the Act, to furnish a statement relevant for determining whether his means are insufficient to enable him to obtain legal aid, the statement shall be in the form set out in the Second Schedule to these Regulations.

10.—(1) Subject to paragraph (4) of this Regulation, the fees (payable under the Act) of a solicitor assigned in relation to any particular case in pursuance of a certificate for free legal aid shall be those specified in column (2) of the Third Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule, together with if the case lasts for more than one day, the fees specified in column (3) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts.

(2) Subject to paragraphs (4) and (6) of this Regulation, where one counsel only is assigned in relation to any particular case in pursuance of a certificate for free legal aid, the fees (payable under the Act) of the counsel so assigned shall be those specified in column (4) of the Third Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule, together with, if the case lasts for more than one day, the fees specified in column (5) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts.

(3) Subject to paragraphs (4) and (6) of this Regulation, where two counsel are assigned in relation to any particular case in pursuance of a certificate for free legal aid, the fees (payable under the Act) of the first counsel so assigned shall be those specified in column (4) of the Third Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule together with, if the case lasts for more than one day, the fees specified in column (5) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts and the fees (payable under the Act) of the second counsel so assigned shall be two-thirds of each of the fees aforesaid rounded up to the nearest guinea.

(4) No fees shall be paid under the Act to a solicitor or counsel assigned in relation to any particular case in pursuance of a certificate for free legal aid in respect of any day on which the hearing of the case consists only of one or more of the following, that is to say, the delivery of a reserved judgment, consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty or an application for an adjournment or remand or in relation to bail.

(5) The fees (payable under the Act) of a person, being either a solicitor or counsel, assigned pursuant to certificates for free legal aid on behalf of two or more persons whose cases are being heard together, shall be those to which the person would have been entitled under the Act if he had been assigned pursuant to a certificate for free legal aid on behalf of one person only increased by such amount (if any) as the Court may think proper not exceeding—

(a) in case the assignments are on behalf of two persons only, 40% of such fees, and

(b) in case the assignments are on behalf of three or more persons, 40% of such fees in respect of two of the persons and 20% of such fees in respect of the other person or each of the other persons, as the case may be.

(6) Where one or two counsel are assigned in relation to any particular case in pursuance of a certificate for free legal aid and, in the opinion of the court hearing the case, it was necessary for the person to whom the certificate was granted to obtain preliminary advice or advices from counsel in writing in relation to the case, a single fee shall be paid under the Act in respect of the advice or advices and it shall be of such amount, not exceeding £10 10s. 0d. as the court hearing the case considers proper and certifies.

11.—(1) (a) Allowances to witnesses summoned and attending on behalf of the defence at the hearing of a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act on a scale corresponding to the scale for the time being at which allowances to similar witnesses summoned and attending on behalf of the prosecution at the hearing or at similar hearings are paid.

(b) The fees and expenses of witnesses who are qualified medical practitioners summoned and attending on behalf of the defence to give professional evidence at the hearing of a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act on a scale corresponding to the scale for the time being at which fees and expenses of such witnesses summoned and attending on behalf of the prosecution to give professional evidence at the hearing or at similar hearings are paid.

(c) The fees and expenses of witnesses (other than those referred to in paragraph (b) of this Regulation) holding a professional qualification summoned and attending on behalf of the defence to give professional evidence at the hearing of a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act at a rate corresponding to the rate for the time being at which fees and expenses to such witnesses summoned and attending on behalf of the prosecution to give professional evidence at the hearing or at similar hearings are paid.

(d) The expenses of obtaining medical and technical reports necessarily required for use by the defence in a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act at a rate corresponding to the rate for the time being at which the expenses of obtaining such reports for use by the prosecution in the case or in similar cases are paid.

(2) Subject to paragraphs (4) and (5) of this Regulation, the travelling expenses actually and necessarily incurred by a solicitor in attending sittings of the Circuit or District Court on any day in any place (other than the county or county borough of Dublin) in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid shall be payable under the Act as follows:

(a) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 10d. per mile of the journey shall be paid, and

(b) in any other case, a sum equal to the lesser of the following shall be paid, namely:

(i) the actual cost of the journey,

(ii) the cost of the journey by public transport and (to the extent (if any) that public transport is not available) hired car, or if no public transport is available for the journey, hired car.

(3) Subject to paragraphs (4) and (5) of this Regulation, the travelling and subsistence expenses actually and necessarily incurred by a solicitor practising elsewhere than in the county or county borough of Dublin in attending sittings of a court (other than the Circuit or District Court) in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid and travelling and subsistence expenses actually and necessarily incurred by a solicitor in travelling to and from any place visited for the purposes of the case shall be payable under the Act as follows:

(a) in the case of travelling expenses—

(i) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 10d. per mile of the journey shall be paid, and

(ii) in any other case, a sum equal to the lesser of the following shall be paid—

(I) the actual cost of the journey,

(II) the cost of the journey by public transport and (to the extent (if any) that public transport is not available) hired car, or if no public transport is available for the journey, hired car,

and

(b) in the case of subsistence allowances, on a scale corresponding to the scale for the time being at which the subsistence expenses of civil servants of the highest grade are paid.

(4) No travelling or subsistence expenses shall be paid under the Act to a solicitor assigned in relation to any particular case in pursuance of a certificate for free legal aid in respect of any day on which the hearing of the case consists only of one or more of the following, that is to say, the delivery of a reserved judgment, consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty, an application for an adjournment or remand or in relation to bail.

(5) Where a solicitor is engaged on court business other than business in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid in any place on any day, no travelling or subsistence expenses shall be payable under the Act to the solicitor in connection with the hearing on that day in that place of a case in relation to which he has been assigned in pursuance of a certificate for free legal aid.

12.—(1) Notwithstanding anything contained in these Regulations, where a certificate for free legal aid has been granted to a person and a payment has been made or agreed to be made by or on behalf of the person towards the costs or expenses of the case in relation to which the certificate was granted, a payment shall not be made under the Act in respect of those costs or expenses.

(2) If the Minister so thinks fit, he may refuse to make a payment under the Act in relation to a case in respect of which a certificate for free legal aid has been granted unless the person in respect of whom the payment falls to be made, furnishes to the Minister a document stating that he has not made or agreed to make and will not make or agree to make a payment towards the costs or expenses of the case in relation to which the certificate was granted and is not aware of a payment or intention to make a payment by any other person (other than under the Act) towards such costs or expenses.

FIRST SCHEDULE

FORM A(i)

LEGAL AID (DISTRICT COURT) CERTIFICATE (WHERE CHARGE IS OTHER THAN ONE OF MURDER)

District Court Area of ……………………………

District No………………………………………

Application having been made by or on behalf of …………………………………………………… …………………………. …………………………………………………… …………………………………………………… . who is charged before this Court with …………………………………………………… ……………………………………………..,for a Legal Aid (District Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that by reason of (a) …………………………………………………… …………………………………………………… ………………………………………. …………………………………………………… …………………………………………………… …………………………………………………… ……… it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence before it, the Court hereby grants in respect of him this certificate for free legal aid, and assigns to him as solicitor, …………………………………………………… …………………………………………………… ………………………………….

Dated this

day of

, 19 ,

Justice of the District Court assigned to the said District

(a) State whether the reason is—

(1) the gravity of the charge,

(2) exceptional circumstances, or

(3) the gravity of the charge and exceptional circumstances.

FORM A(ii).

LEGAL AID (DISTRICT COURT) CERTIFICATE (WHERE CHARGE IS ONE OF MURDER)

District Court Area of …………………………

District No……………………………………

Application having been made by or on behalf of …………………………………………………… …………………………. …………………………………………………… …………………………………………………… . who is charged before this Court with …………………………………………………… …………………………………………….., for a Legal Aid (District Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that by reason of (a) …………………………………………………… …………………………………………………… ………………………………………. …………………………………………………… …………………………………………………… …………………………………………………… ………it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence before it, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ………………………………….

(b) The Court directs in addition the assignment of counsel.

Dated this

day of

, 19

Justice of the District Court assigned to the said District

(a) State whether the reason is—

(1) the gravity of the charge,

(2) exceptional circumstances, or

(3) the gravity of the charge and exceptional circumstances.

(b) delete unless the Court thinks fit that counsel should be assigned.

FORM B(i)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY DISTRICT COURT WHERE CHARGE IS OTHER THAN ONE OF MURDER)

District Court Area of ………………………………………….

District No……………………………………………….

Application having been made to this Court by or on behalf of …………………………………………………… …….. …………………………………………………… …………………………………………………… ……………….who is being returned for trial on a charge (charges) of …………………………………………………… …………………………………………. for a Legal Aid (Trial on Indictment) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that having regard to all the circumstances of the case (including the nature of such defence, if any, as may have been set up) it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence at the trial, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… ……………

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19

Justice of the District Court assigned to the said District

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM B(ii)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY DISTRICT COURT WHERE CHARGE IS ONE OF MURDER)

District Court Area of ………………………………..

District No…………………………………..

Application having been made to this Court by or on behalf of …………………………………………………… …………………………………………………… …………………………………………………… ……………………, who is being returned for trial on a charge of murder, for a Legal Aid (Trial on Indictment) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… ……………

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19

Justice of the District Court assigned to the said District

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM C(i)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY CIRCUIT COURT OR CENTRAL CRIMINAL COURT WHERE CHARGE IS OTHER THAN ONE OF MURDER)

[………………………………. Circuit

County of……………………………….]

[Central Criminal Court]

Application having been made to this Court by or on behalf of …………………………………………………… …….. …………………………………………………… …………………………………………………… ……………who has been returned for trial upon a charge (charges) of …………………………………………………… …………………………………………………… . for a Legal Aid (Trial on Indictment) Certificate and it appearing to me the Judge of the Court before which he is to be (is being) tried that his means are insufficient to enable him to obtain legal aid, and that, having regard to all the circumstances of the case (including the nature of such defence (if any) as may have been set up), it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence at the trial, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor …………………………………………………… …………………………………………………… …………………………………………..

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

[Judge of the Circuit Court assigned to the said Circuit]

[Judge of the High Court]

(a) delete unless the Court thinks fit that two Counsel should be assigned.

FORM C(ii)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT WHERE CHARGE IS ONE OF MURDER)

Central Criminal Court

Application having been made to this Court by or on behalf of …………………………………………………… …….

…………………………………………………… …………………………………………………… …………..who has been returned for trial upon a charge of …………………………………………………… …………………………………………………… ……….. for a Legal Aid (Trial on Indictment) Certificate, and it appearing to me, the Judge of the Court before which he is to be (is being) tried that his means are insufficient to enable him to obtain legal aid, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor …………………………………………………… ………………..

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

Judge of the High Court

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM D(i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY DISTRICT COURT IN RESPECT OF AN APPEAL FROM THE DISTRICT COURT TO THE CIRCUIT COURT)

District Court Area

of……………………………………………………

District No ……………………………………….

Application having been made by or on behalf of …………………………………………………… …………………………. …………………………………………………… …. who has been convicted by this Court of ………………………………………….. for a Legal Aid (Appeal) Certificate and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) …………………………………………………… ……………………………………. it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ……………………………………………

Dated this

day of

, 19 .

Justice of the District Court assigned to the said District

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

FORM D(ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CIRCUIT COURT IN RESPECT OF AN APPEAL FROM THE DISTRICT COURT TO THE CIRCUIT COURT)

……………………………………….. Circuit

County of…………………………………….

Application having been made to this Court by or on behalf of …………………………………………………… .. who was convicted by the District Court of ……………………………… for a Legal Aid (Appeal) Certificate and the District Court having refused to grant such certificate and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) …………………………………………………… …

…………………………………………………… it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………..

Dated this

day of

, 19 .

County Registrar

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

FORM E(i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CIRCUIT COURT OR THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

[………………………………… Circuit

County of ………………………………]

[Central Criminal Court]

Application having been made to this Court by or on behalf of …………….

…………………………………………………… ……………. who has been convicted of the

offence of …………………………………………………… ……………….. for a Legal

Aid (Appeal) Certificate, and it appearing to me, the Judge of the Court before which he was tried, that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) …………………………………………………… …….., it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor …………………………..

(b) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

[Judge of the Circuit Court assigned to the said Circuit]

[Judge of the High Court]

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM E(ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF CRIMINAL APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Court of Criminal Appeal

Application having been made to this Court by or on behalf of …………………………………………………… ………. who has been convicted by the [Circuit Court] [Central Criminal Court] of the offence of …………………………………………………… …………………………………………………… . for a legal aid certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) …………………………………………………… …………………………………………………… …………………………………………..it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… ..

(b) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM E(iii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS OF MURDER)

Central Criminal Court

Application having been made by or on behalf of …………………………………………………… …………………………. …………………………………………………… …… who has been convicted of …………………………………………………… …………

by this Court, for a Legal Aid (Appeal) Certificate and it appearing to me, the Judge of the Court before which he was tried, that his means are insufficient to enable him to obtain legal aid, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor ……………………………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

Judge of the High Court

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM E(iv)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF CRIMINAL APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS OF MURDER)

Court of Criminal Appeal

Application having been made to this Court by or on behalf of …………………………………………………… …….. …………………………………………………… …………………………………………………… ………… who has been convicted by the Central Criminal Court of the offence of …………………………………………………… ………………………………………………… for a Legal Aid (Appeal) Certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor………………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM F (i)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY DISTRICT COURT IN RESPECT OF CASE STATED BY DISTRICT COURT FOR OPINION OF HIGH COURT)

District Court Area of……………………

District No…………………………

Application having been made by or on behalf of …………………………………………………… …………………………. charged before this Court with the offence of …………………………………………………… ………………………………………… for a Legal Aid (Case Stated) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that by reason of (a) …………………………………………………… ………………………… it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ………………………………………….

(b) The Court directs in addition the assignment of two counsel.

Dated this …………….. day of ……………… 19………….

Justice of the District Court assigned to the said District

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM F (ii)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY HIGH COURT IN RESPECT OF CASE STATED BY DISTRICT COURT FOR OPINION OF HIGH COURT)

High Court

Application having been made to this Court by or on behalf of …………………………………………………… …………………………………………………… …………………. charged before the District Court with the offence of…………………………………………………… ………………………………………………… for a Legal Aid (Case Stated) Certificate and the District Court having refused to grant such certificate and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) …………………………………………………… …………………………………………………… ………………………………………………. it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ………………………………………….

(b) The Court directs in addition the assignment of two counsel.

Dated this …………… day of …………………. 19………………………..

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) the exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM G (i)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY CIRCUIT COURT IN RESPECT OF CASE STATED BY CIRCUIT COURT FOR OPINION OF SUPREME COURT)

…………………………Circuit

County of………………………….

Application having been made by or on behalf …………………………………………………… …………………………….. …………………………………………………… …………………………………………….[charged before this Court with the offence …………………………………………………… ……………of…………………………………………………… ……………………….] [who has appealed to this Court against a conviction by the District Court of an offence of ……………………………………… …………………………………………………… …………………………………………………… …………………………………………………… …] for a Legal Aid (Case Stated] Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a)…………………………………………………… ……………………. it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ………………………………………………

(b) The Court directs in addition the assignment of two counsel.

Dated this ………….. day of …………………. 19………….

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

County Registrar

FORM G(ii)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY SUPREME COURT IN RESPECT OF CASE STATED BY CIRCUIT COURT FOR OPINION OF SUPREME COURT)

Supreme Court

Application having been made to this Court by or on behalf of…………………………………………………… .. …………………………………………………… …………………….[charged before the District this Court with the offence of …………………………………………………… …………………………………………………… …………………………………….] [who has appealed to the Circuit Court against a conviction by the District Court of an offence of ……………………………………… …………………………………………………… …………………………………………………… …………………………………………………… …by the District Court] for a Legal Aid (Case Stated) Certificate, and the Circuit Court having refused to grant such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a)…………………………………………………… ……………………. it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ………………………………………………

(b) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM H(i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY COURT OF CRIMINAL APPEAL IN RESPECT OF AN APPEAL FROM THE COURT OF CRIMINAL APPEAL TO THE SUPREME COURT)

Court of Criminal Appeal

Application having been made by or on behalf of …………………………………………………… …………………………. …………………………………………………… ………………………………………..who has appealed from a determination of this Court in relation to the offence of …………………………………………………… …………………………………………………… for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM H(ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY SUPREME COURT IN RESPECT OF AN APPEAL FROM THE COURT OF CRIMINAL APPEAL TO THE SUPREME COURT)

Supreme Court

Application having been made by or on behalf of …………………………………………………… …………………………. …………………………………………………… ………………………………………..who has appealed from a determination of the Court in relation to the offence of …………………………………………………… …………………………………………………… for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………………… …………………………………………………… ………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM J (i)

LEGAL AID (SUPREME COURT) CERTIFICATE GRANTED BY HIGH COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

High Court

Application having been made by or on behalf of …………………………………………………… …………………………. …………………………………………………… ……………………………….. who was charged before the District Court with the offence of …………………………………………………… ……………………………. for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of this Court on a case stated by the Justice of the District Court in relation to the proceedings in regard to the offence [in relation to a question of law arising in the proceedings] and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) …………………………………………………… …………………………………………………… …….. …………………………………………………… ………………………………………….. it is essential in the interests of justice that a Legal Aid (Supreme Court] Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor …………………………………………….

(b) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM J(ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

Supreme Court

Application having been made by or on behalf of …………………………………………………… ………………………… …………………………………………………… …………………………………who was charged before the District Court with the offence of …………………………………………………… …………………………………………….. for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of the High Court on a case stated by the Justice of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and the High Court having refused to grant such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) …………………………………………………… …………………………………………………… …………………………. …………………………………………………… ………………………………………….it is essential in the interests of justice that a Legal Aid (Supreme Court] Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ……………………………………………..

(b) The Court directs in addition the assignment of two counsel.

Dated this

day of

, 19 .

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

SECOND SCHEDULE

STATEMENT OF MEANS OF AN APPLICANT FOR FREE LEGAL AID IN A CRIMINAL CASE

As an applicant for free legal aid, you are hereby required in pursuance of section 9 of the Criminal Justice (Legal Aid) Act, 1962 , to furnish on this form particulars relevant for determining whether your means are insufficient to enable you to obtain legal aid.

You must enter true and correct particulars against each numbered heading. If the answer is ” None ” or ” No, ” this must be written in.

The declaration at the end must be signed and the form must be returned to:

…………………………………………………… …………………………………………………… …………………………………………………… ……

1. Name of applicant (in block letters) …………………………………………………… ………………………………………………

2. Full postal address…………………………………………………… …………………………………………………… ……………………

3. State whether single man/woman, married man/woman, widow or widower

…………………………………………………… …………………………………………………… …………………………………………………… ……

4. Occupation …………………………………………………… …………………………………………………… …………………………….

5. Average weekly income from all sources, including overtime £

6. If you pay rent, please state the weekly amount £

7. If you own your own house, please state amount of

(a) ground rent (annual)

(b) rates, and

8. What persons do you support? If any are children at school state their ages …………………………………..

…………………………………………………… …………………………………………………… …………………………………………………… …….

9. What money have you, or is likely to be available to you that could be used for obtaining legal aid at your own expense? …………………………………………………… …………………………………………………… ………………………

…………………………………………………… …………………………………………………… …………………………………………………… …….

10. What other assets have you that could be used for obtaining legal aid at your own expense? …………………………………………………… …………………………………………………… …………………………………………………… …….

…………………………………………………… …………………………………………………… …………………………………………………… …….

11. If you are under twenty-one, are your parents or guardian able and willing to provide legal aid for you or to assist you in providing yourself with legal aid? …………………………………………………… …………………….

DECLARATION*

I declare that to the best of my knowledge and belief the above particulars are true.

Date……………………………………………..

Signature …………………………………………………… ……………..

*WARNING.—If any person in furnishing this statement of means knowingly makes any false statement or false representation he is liable, on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.

THIRD SCHEDULE

SOLICITORS’ AND COUNSEL’S FEES

Case

Fees to be allowed to solicitor

Fees to be allowed to counsel

One-day hearing

Each additional day

One-day hearing

Each additional day

(1)

(2)

(3)

(4)

(5)

District Court hearing in relation to a charge—

(1) other than murder,

—

(2) of murder.

Circuit or Central Criminal Court hearing in relation to a charge—

(1) other than murder in which—

(a) 1 Counsel only is assigned,

(b) 2 Counsel are assigned,

(2) of murder in which—

(a) 1 Counsel only is assigned,

(b) 2 Counsel are assigned.

Appeals from District Court

—

Court of Criminal Appeal hearing in relation to a charge—

(1) other than murder in which—

(a) 1 counsel is assigned

(b) 2 counsel are assigned

(2) of murder in which—

(a) 1 counsel only is assigned,

(b) 2 counsel are assigned.

High Court Hearing of case stated by District Court in which—

(a) 1 counsel only is assigned,

(b) 2 counsel are assigned.

Supreme Court hearing of case stated by Circuit Court in which—

(a) 1 counsel only is assigned

(b) 2 counsel are assigned.

Supreme Court hearing of appeal from determination of High Court on case stated by District Court in which—

(a) 1 counsel only is assigned,

(b) 2 counsel are assigned.

Supreme Court hearing of appeal from Court of Criminal Appeal in relation to a charge—

(1) other than murder in which—

(a) 1 counsel only is assigned,

(b) 2 counsel are assigned,

(2) of murder in which—

(a) 1 counsel only is assigned,

(b) 2 counsel are assigned.

GIVEN under my Official Seal, this 12th day of January, 1965.

BRIAN LENIHAN

Minister for Justice

The Minister for Finance hereby consents to the making of the foregoing Regulations in so far as they are in relation to rates or scales of payment of fees, costs or expenses.

GIVEN under the Official Seal of the Minister for Finance. this 20th day of January, 1965.

SÉAMAS Ó RIAIN

Minister for Finance

EXPLANATORY NOTE

These Regulations prescribe procedure relating to the Legal Aid Scheme for poor persons in certain criminal cases. Scales of fees, expenses, etc., are also prescribed.

Criminal Justice (Legal Aid) (Amendment) Regulations, 1976.

=, 1976.

S.I. No. 234 of 1976.

CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS, 1976.

I, PATRICK COONEY, Minister for Justice, in exercise of the powers conferred on me by section 10 of the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962), and, in so far as these regulations are in relation to rates or scales of payment of fees, costs or expenses payable out of moneys provided by the Oireachtas pursuant to certificates for free legal aid, with the consent of the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations, 1976.

(2) The Regulations and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations, 1965 to 1976.

2. In these Regulations—

“the Act” means the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962);

“the Principal Regulations” means the Criminal Justice (Legal Aid) Regulations, 1965 ( S.I. No. 12 of 1965 );

“the Regulations” means the Principal Regulations, the Criminal Justice (Legal Aid) (Amendment) Regulations, 1970 ( S.I. No. 240 of 1970 ), and the Criminal Justice (Legal Aid) (Amendment) Regulations, 1975 ( S.I. No. 100 of 1975 ).

3. (1) The fees (payable under the Act) for any particular case of senior counsel (subsequently referred to in this paragraph as “the defence counsel”) assigned in relation to that case in pursuance of a certificate or certificates for free legal aid shall—

( a ) in case the same number of senior counsel appear for the prosecution in relation to that particular case and are present in court during the whole of the case and the prosecution relates only to the defendant or defendants to whom the defence counsel are assigned, be fees of the same amount as the fees of the senior counsel appearing for the prosecution, and

( b ) in any other case, be fees of the same amount as the fees that would, in the opinion of the Attorney General, formed after consultation with the Director of Public Prosecutions, have been payable to senior counsel appearing for the prosecution in that particular case if the same number of senior counsel appeared for the prosecution and were present in court during the whole of the case and the prosecution related only to the defendant or defendants to whom the defence counsel were assigned.

(2) The fees (payable under the Act) for any particular case of junior counsel (subsequently referred to in this paragraph as “the defence counsel”) assigned in relation to that case in pursuance of a certificate or certificates for free legal aid shall—

( a ) in case the same number of junior counsel appear for the prosecution in relation to that particular case and are present in court during the whole of the case and the prosecution relates only to the defendant or defendants to whom the defence counsel are assigned, be fees of the same amount as the fees of the junior counsel appearing for the prosecution, and

( b ) in any other case, be fees of the same amount as the fees that would, in the opinion of the Attorney General, formed after consultation with the Director of Public Prosecutions, have been payable to junior counsel appearing for the prosecution in that particular case if the same number of junior counsel appeared for the prosecution and were present in court during the whole of the case and the prosecution related only to the defendant or defendants to whom the defence counsel were assigned.

(3) ( a ) Notwithstanding paragraphs (1) and (2) of this Regulation, where any counsel assigned in relation to a case in pursuance of a certificate for free legal aid is not present in court during the whole of the case, the question whether the fees of that counsel calculated under the said paragraphs (1) or (2), as the case may be, should be modified and the nature and extent of the modification (if any) shall be determined by the Attorney General, after consultation with the Director of Public Prosecutions, by the application of the criteria applied in determining the like matters in relation to the fees of counsel appearing for the prosecution in a case and any modification so determined shall be made accordingly.

( b ) Notwithstanding paragraphs (1) and (2) of this Regulation, where the fees of counsel appearing for the prosecution in a case include a fee that is specifically for attendance at a conference or consultation in relation to the case, the amount of such fee shall, unless the Attorney General, after consultation with the Director of Public Prosecutions, otherwise directs, be disregarded in the calculation of the fees (payable under the Act) of counsel assigned in relation to that case in pursuance of a certificate for free legal aid.

(4) ( a ) Where the same counsel are assigned—

(i) in pursuance of two or more certificates for free legal aid to two or more defendants and the cases to which they relate are heard together, or

(ii) in pursuance of two or more certificates for free legal aid to one defendant,

the counsel so assigned shall be deemed, for the purposes of these Regulations, to have been assigned to the said defendants or defendant, as the case may be, in relation to one case only:

Provided that, if the cases in relation to which the certificates are granted are treated, for the purposes of the determination of the fees of counsel appearing for the prosecution in the cases, as being any number of cases other than one, the counsel so assigned shall be deemed, for the purposes of these Regulations, to have been assigned to the said defendants or defendant, as the case may be, in relation to the same number of cases.

( b ) Regulation 7 (4) of the Principal Regulations shall not apply in a case where subparagraph (a) (ii) of this paragraph applies.

(5) References in this Regulation to fees of counsel appearing for the prosecution in a case do not include references to any fee paid to such counsel in respect of the preparation of statements of the evidence to be given on behalf of the prosecution in the case.

(6) Where two senior counsel are assigned to a person in relation to any particular case in pursuance of a certificate or certificates for free legal aid and two or more senior counsel do not appear for the prosecution in that case, one senior counsel only and one junior counsel only shall be deemed, for the purposes of these Regulations, to have been assigned to the person in relation to that particular case in pursuance of the certificate or certificates aforesaid.

4. Regulation 3 of these Regulations is in substitution for so much of the Regulations as prescribe rates or scales of payment of fees of counsel assigned in pursuance of certificates for free legal aid but nothing in this Regulation shall be construed as affecting the operation of paragraphs (2) and (3) of Regulation 7 of the Principal Regulations.

5. (1) The fees (payable under the Act) for any particular case of a solicitor assigned to a person in relation to that case in pursuance of a certificate for free legal aid the grant of which entitled the person to have counsel assigned to him in relation to that case shall, if the person is represented at the hearing of the case by the solicitor and not by counsel and counsel appear for the prosecution in that case, be fees of the same amount as the fees that would, in the opinion of the Attorney General, formed after consultation with the Director of Public Prosecutions, have been payable to counsel assigned to the person in relation to that case pursuant to the certificate aforesaid if the counsel so assigned were present in court during the whole of the case.

(2) Paragraph 1 of this Regulation is in substitution for so much of the Regulations as prescribe rates or scales of payment of fees of solicitors assigned in pursuance of certificates for free legal aid in relation to cases to which the said paragraph (1) applies.

(3) Travelling and subsistence expenses incurred by a solicitor in connection with a case to which paragraph (1) of this Regulation applies and in relation to which the solicitor is assigned pursuant to a certificate for free legal aid shall not be paid under the Act.

6. (1) Regulation 10 (inserted by the Criminal Justice (Legal Aid) (Amendment) Regulations, 1975 ( S.I. No. 100 of 1975 )), of the Principal Regulations is hereby amended by:

( a ) the insertion in paragraph (5) after “counsel” of “or a solicitor”, and

( b ) by the deletion of paragraph (6).

(2) Regulation 11 (as amended by the said Criminal Justice (Legal Aid) (Amendment) Regulations, 1975) of the Principal Regulations is hereby amended by the deletion in paragraph (4) of “other than an application in relation to bail to the High Court or Supreme Court”.

GIVEN under my Official Seal, this 5th day of October, 1976.

PATRICK COONEY,

Minister for Justice.

The Minister for Finance hereby consents to the making of the foregoing Regulations in so far as they are in relation to rates or scales of payment of fees, costs or expenses.

GIVEN under the Official Seal of the Minister for Finance, this 5th

day of October, 1976.

LIAM MAC COSGAIR,

Acting Minister for Finance.

EXPLANATORY NOTE.

These Regulations provide for parity between the fees payable to defence counsel under the Legal Aid Scheme and those payable to prosecution counsel; for the payment to solicitors, in certain circumstances, of fees determined on the same basis as counsel’s fees and for certain other amendments to the Legal Aid Regulations.

S.I. No. 235/2000 –

Criminal Justice (Legal Aid) (Amendment) Regulations, 2000.

I, JOHN O’DONOGHUE, Minister for Justice, Equality and Law Reform in exercise of the powers conferred on me by section 10 of the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 )), and insofar as the following regulations relate to rates of scales of payment of fees, with the consent of the Minister for Finance, hereby make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations, 2000.

(2) The Criminal Justice (Legal Aid) Regulations, 1965 to 1999 and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations, 1965 to 2000.

(3) These Regulations shall be deemed to have come into operation on the 1st day of June, 1999.

2. In these Regulations—

“the Regulations of 1976” means the Criminal Justice (Legal Aid) (Amendment) Regulations, 1976 ( S.I. No. 234 of 1976 );

“the Regulations of 1978” means the Criminal Justice (Legal Aid) (Amendment) Regulations, 1978 ( S.I. No. 33 of 1978 ).

3. Regulation 3 of the Regulations of 1976 is hereby amended by the insertion of the following subparagraphs after section 3(3)(b):

“(c) Notwithstanding paragraphs (1) and (2) of this Regulation, where, in a circuit of the Circuit Court other than the Dublin Circuit, any counsel assigned in relation to a case in pursuance of a certificate for free legal aid appears for the person who has been granted the certificate in a hearing which relates principally to the sentencing of the defendant, such counsel shall be entitled to receive a fee equivalent to the fee which is payable by the Director of Public Prosecutions to counsel appearing for the prosecution in respect of an adjourned hearing in the Dublin Circuit which relates principally to the sentencing of the defendant.

(d) Notwithstanding paragraphs (1) and (2) of this Regulation, where, in a circuit of the Circuit Court other than the Dublin Circuit, counsel appears in a case in which a date has been fixed for the trial of a defendant to whom counsel has been assigned in pursuance of a certificate for free legal aid and the case is adjourned within seven days of the date fixed for the trial, such counsel shall be entitled to receive a fee equivalent to the fee which is payable by the Director of Public Prosecutions to counsel appearing for the prosecution in the Dublin Circuit in respect of a case where a date has been fixed for the trial and which case is adjourned within seven days of the trial date.

(e) No fee shall be payable by virtue of subparagraph (d) unless counsel concerned appears before the Circuit Court concerned on either the date fixed for the trial of the defendant or the date on which the adjournment of the trial is granted by the court.

(f) A reference in subparagraph (d) to a case in which a date has been fixed for the trial of a defendant shall not include a case listed only for callover at a sitting of the Circuit Court concerned.”

4. Regulation 3 of the Regulations of 1978 is hereby amended by the substitution for subparagraph (i) of paragraph (1) of the following subparagraph:

“(i) No fees shall be paid under the Act to a solicitor assigned in relation to any particular case other than a case in the District Court or an appeal to the Circuit Court in pursuance of a certificate or certificates for free legal aid in respect of any day which the hearing consists only of an application for an adjournment by or on behalf of the solicitor, or the prosecution, made, in the opinion of the Court, for the purposes of the solicitor’s convenience.”

/images/seal.jpg

GIVEN under my Official Seal, this 20th day of July, 2000.

JOHN O’DONOGHUE,

Minister for Justice, Equality and Law Reform.

The Minister for Finance consents to the making of the forgoing Regulations insofar as they relate to rates or scales of payment of fees.

/images/seal.jpg

GIVEN under my Official Seal, this 20th day of July, 2000.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations, which come into effect from 1 June, 1999, provide that defence counsel, who appear in an adjourned sentence hearing or a trial hearing which is adjourned within seven days of the scheduled trial date in the Circuit Court outside Dublin, shall be entitled to receive a fee equivalent to the fee which is payable to prosecution counsel by the Director of Public Prosecutions for such hearings in Circuit Court cases in Dublin.

S.I. No. 362/2011 –

Criminal Justice (Legal Aid) (Amendment) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 10 (1)(b) of the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster) Order 2011 ( S.I. No. 138 of 2011 )), and with the consent of the Minister for Finance, make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations 2011.

(2) The Criminal Justice (Legal Aid) Regulations 1965 to 2000 and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations 1965 to 2011.

(3) These Regulations shall come into operation on 13 July 2011.

2. In these Regulations—

“Regulations of 1965” means Criminal Justice (Legal Aid) Regulations 1965 ( S.I. No. 12 of 1965 );

“Regulations of 1970” means Criminal Justice (Legal Aid) (Amendment) Regulations 1970 ( S.I. No. 240 of 1970 );

“Regulations of 1975” means Criminal Justice (Legal Aid) (Amendment) Regulations 1975 ( S.I. No. 100 of 1975 );

“prison” means a place of custody administered by the Minister for Justice and Equality other than a Garda Síochána station.

3. (1) The scales of payment of fees payable to a solicitor assigned, pursuant to a legal aid certificate, to a person charged before the District Court or to an appellant in the Circuit Court shall, from 13 July 2011, be those specified in Part 1 of Schedule 1.

(2) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution shall, from 13 July 2011, be that specified in Part 2 of Schedule 1.

(3) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person’s defence, appeal or case stated, as the case may be, shall, from 13 July 2011, be that specified in Part 3 of Schedule 1.

4. (1) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution, shall, from 13 July 2011, be that specified in Part 1 of Schedule 2.

(2) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person’s defence, appeal or case stated, as the case may be, shall, from 13 July 2011, be that specified in Part 2 of Schedule 2.

5. Regulation 11(2) of the Regulations of 1965 is amended by the substituting the following for subparagraph (a):

“(a) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 24 cent per kilometre of the journey shall be paid, and”.

6. Regulation 11(3) of the Regulations of 1965 is amended—

(a) by substituting the following for clause (i) of subparagraph (a):

“(i) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 24 cent per kilometre of the journey shall be paid, and”,

(b) by substituting the following for subparagraph (b):

“(b) in the case of subsistence allowances, on a scale corresponding to 50% of the scale for the time being at which the subsistence expenses of civil servants of the highest grade are paid.”.

7. The Regulations of 1970 are amended by substituting the following for Regulation 7:

“7.Where a solicitor assigned pursuant to a certificate for free legal aid in relation to a case does not attend the hearing or part of the hearing of the case, the fees and expenses payable under the Act in connection with the hearing shall be paid to the solicitor concerned if the person on whose behalf that solicitor stands assigned in the matter is represented at the hearing or part of the hearing of the case by—

(a) a solicitor who is a partner of the solicitor assigned,

(b) a solicitor who is a solicitor employed by the firm of solicitors in which the solicitor assigned is a partner or employee, or

(c) counsel instructed by the solicitor or firm of solicitors in which the solicitor assigned is a partner or employee unless the case is one where counsel has been assigned in the case by or under the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962) or the Enforcement of Court Orders Act 1940 (No. 23 of 1940).”.

8. The Regulations of 1975 are amended by substituting the following for Regulation 7:

“7.The travelling expenses actually and necessarily incurred by a solicitor in making an essential visit to a prison in connection with a case in relation to which he or she has been assigned pursuant to a certificate for free legal aid shall be payable under the Act as follows:

(a) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 24 cent per kilometre of the journey shall be paid, and

(b) in any other case, a sum equal to the lesser of the following shall be paid, namely:

(i) the actual cost of the journey,

(ii) the cost of the journey by public transport and (to the extent (if any) that public transport is not available) hired car, or if no public transport is available for the journey, hired car.”.

9. The Criminal Justice (Legal Aid) (Amendment) Regulations 2010 ( S.I. No. 136 of 2010 ) are revoked.

SCHEDULE 1

SOLICITORS’ FEES

Part 1District Court and appeals to Circuit Court

DEFENDANT/APPELLANT(1)

FIRST DAY OF HEARING(2)

SUBSEQUENT DAYS OF HEARING(3)

Fee in respect of defendant/appellant where only one defendant/appellant represented and in respect of first defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€201.50 in relation to first 2 cases.

€120.88 in relation to each subsequent case.

€50.39

Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€120.88 in relation to first 2 cases.

€72.20 in relation to each subsequent case.

€50.39

Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than 2 defendants/appellants.

€80.64 in relation to first 2 cases.

€50.39 in relation to each subsequent case.

€50.39

Part 2Bail applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€91.52

Part 3Essential Visits

Fee in respect of each essential visit to prison:

€97.22

SCHEDULE 2COUNSELS’ FEES

Part 1Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€91.52

Part 2Essential Visits

Fee in respect of each essential visit to prison:

€97.22

The Minister for Finance consents to the making of the foregoing Regulations.

/images/ls

GIVEN under the Official Seal of the Minister for Finance,

11 July 2011.

MICHAEL NOONAN,

Minister for Finance.

/images/ls

GIVEN under my Official Seal,

12 July 2011.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for:-

(1) a decrease in the fees payable under the Criminal Legal Aid Scheme to solicitors for attendance in the District Court and for appeals to the Circuit Court, and for a decrease in the fees paid to solicitors and counsel in respect of essential visits to prisons and other custodial centres (other than Garda Stations) and for certain bail applications, as follows:

10% with effect from 13th July, 2011;

(2) an amendment to the structure of the “First Day of Hearing Fee” where the full rate will apply to the first two cases represented by the solicitor on any one day and a reduced rate will apply for the third and subsequent cases on any one day;

(3) a reduction of 50% for payments in respect of travel and subsistence;

(4) clarification of the basis upon which the solicitor assigned in pursuance of a certificate for free legal aid may be represented by another individual and confirmation that the fees and expenses payable shall be made to the assigned solicitor only.

S.I. No. 493/2014 –

Criminal Justice (Legal Aid) (Amendment) Regulations 2014.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st October, 2014.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 10 (1)(a) of the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962) (adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster) Order 2011 ( S.I. No. 138 of 2011 )), hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations 2014.

2. The First Schedule to the Criminal Justice (Legal Aid) Regulations 1965 ( S.I. No. 12 of 1965 ) is amended by the insertion of the forms set out in the Schedule.

SCHEDULE

FORM K (i)

LEGAL AID (CASE STATED APPEAL) CERTIFICATE (GRANTED BY THE HIGH COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUDGE OF THE DISTRICT COURT)

High Court

Application having been made by or on behalf of ………….. …………………………………….. who was charged before the District Court with the offence of ……………………………………………………………………………………………………. for a Legal Aid (Case Stated Appeal) Certificate in connection with an appeal from a determination of this Court on a case stated by the Judge of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) …………………………………………………………………………… it is essential in the interests of justice that a Legal Aid (Case Stated Appeal) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor ………………………………………………………

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM K (ii)

LEGAL AID (CASE STATED APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUDGE OF THE DISTRICT COURT)

Court of Appeal

Application having been made by or on behalf of ………….. …………………………………….. who was charged before the District Court with the offence of …………………………………………………………………………………………….. for a Legal Aid (Case Stated Appeal) Certificate in connection with an appeal from a determination of the High Court on a case stated by the Judge of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and the High Court having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) ………….. it is essential in the interests of justice that a Legal Aid (Case Stated Appeal) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor…………………………………………………………..

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM L (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL FROM THE CENTRAL CRIMINAL COURT TO THE SUPREME COURT)

Central Criminal Court

Application having been made by or on behalf of …………………………………………………. who has appealed from a determination of this Court in relation to the offence of ………….. for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor …………..

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM L (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL FROM THE CENTRAL CRIMINAL COURT TO THE SUPREME COURT)

Supreme Court

Application having been made by or on behalf of …………………………………………………. who has appealed from a determination of the Central Criminal Court in relation to the offence of ………….. for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor………………………………………………………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM M (i)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY THE CIRCUIT COURT IN RESPECT OF CASE STATED BY CIRCUIT COURT FOR OPINION OF THE COURT OF APPEAL)

………………………………Circuit

County of………………………….

Application having been made by or on behalf of ………….. [charged before this Court with the offence of …………………………………………………………….] [who has appealed to this Court against a conviction by the District Court of an offence of …………………………………………………………………………………………..] for a Legal Aid (Case Stated) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)………………………………………………………………………………………………….. it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor……………………………………………………………………

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM M (ii)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF CASE STATED BY THE CIRCUIT COURT FOR OPINION OF THE COURT OF APPEAL)

Court of Appeal

Application having been made to this Court by or on behalf of…………………………………………………………………………………………………………………………. [charged before the District Court with the offence of………………………………………………………………………………..] [who has appealed to the Circuit Court against a conviction by the District Court of an offence of…………………………………………………………by the District Court] for a Legal Aid (Case Stated) Certificate, and the Circuit Court having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)……………………………………………………………………………………….. it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor…………………………………………………………….

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM N (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL FROM THE COURT OF APPEAL TO THE SUPREME COURT)

Court of Appeal

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM N (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL FROM THE COURT OF APPEAL TO THE SUPREME COURT)

Supreme Court

Application having been made by or on behalf of …………………………………………………. who has appealed from a determination of the Court of Appeal in relation to the offence of ………….. for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor………………………………………………………………………..

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM O (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON A CASE STATED BY CIRCUIT COURT)

Court of Appeal

Application having been made by or on behalf of …………………………………………………. who was charged before the District Court with the offence of………………………………………………………………for a Legal Aid (Supreme Court) Certificate in connection with a determination of this Court on a case stated by the Circuit Court, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)……………………………………………………………… it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor…………………………………………………………………………

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM O (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON A CASE STATED BY THE CIRCUIT COURT)

Supreme Court

Application having been made by or on behalf of …………………………………………………. who was charged before the District Court with the offence of………….. for a Legal Aid (Supreme Court) Certificate in connection with a determination of the Court of Appeal on a case stated by the Circuit Court, and the Court of Appeal having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) ………….. it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor…………………………………………………………………………………………………..

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM P (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

Court of Appeal

Application having been made by or on behalf of …………………………………………………. who was charged before the District Court with the offence of…………………………………………………………….. for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of this Court on appeal from a determination of the High Court on a case stated by the Justice of the District Court in relation to the proceedings in regard to the offence [in relation to a question of law arising in the proceedings] and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)……………………………………………………. it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor………………………………………………………………………..

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM P (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

Supreme Court

Application having been made by or on behalf of …………………………………………………. who was charged before the District Court with the offence of………………………………………………………………………………………………………….. for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of the Court of Appeal on appeal from a determination of the High Court on a case stated by the Justice of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and the Court of Appeal having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) ………………………………………………………………. it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor…………………………………………………………………..

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM Q (i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CIRCUIT COURT OR THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

[………………………………… Circuit

County of………………………………]

[Central Criminal Court]

Application having been made to this Court by or on behalf of ………………………………………………….who has been convicted of the offence of…………………………………………………………………………………………. for a Legal Aid (Appeal) Certificate, and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)………………………………………………………………………… it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor…………………………………………………………..

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

[Judge of the Circuit Court assigned to the said Circuit]

[Judge of the High Court]

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM Q (ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of …………………………………………………. who has been convicted by the [Circuit Court] [Central Criminal Court] of the offence of ………….. for a legal aid certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) ………….. it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor………………………………………………………….

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM Q (iii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS OF MURDER)

Central Criminal Court

Application having been made by or on behalf of …………………………………………………. who has been convicted of ………….. by this Court, for a Legal Aid (Appeal) Certificate and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor………………………………………………………………..

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

Judge of the High Court

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM Q (iv)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of …………………………………………………. who has been convicted by the Central Criminal Court of the offence of ………….. for a Legal Aid (Appeal) Certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor……………………………………………………………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM R (i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE SPECIAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Special Criminal Court

Application having been made to this Court by or on behalf of ………………………………………………… who has been convicted of the offence of…………………………………………………………………………………………………………. for a Legal Aid (Appeal) Certificate, and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)………….., it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor …………..

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

Judge of the Special Criminal Court

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM R (ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM THE SPECIAL CRIMINAL COURT WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of …………………………………………………………. who has been convicted by the Special Criminal Court of the offence of …………………………………………………………. for a legal aid certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) ………….. it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor……………………………………………………………………………………………….

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM R (iii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE SPECIAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS OF MURDER)

Special Criminal Court

Application having been made by or on behalf of ………….. by this Court, for a Legal Aid (Appeal) Certificate and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor …………..

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

Judge of the Special Criminal Court

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM R (iv)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM THE SPECIAL CRIMINAL COURT WHERE THE CONVICTION IS OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of………………………………………………………………………………………….. who has been convicted by the Special Criminal Court of the offence of ………….. for a Legal Aid (Appeal) Certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor………………………………………………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM S (i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE A PERSON TRIED ON INDICTMENT IS ACQUITTED)

Court of Appeal

Application having been made to this Court by or on behalf of………………………………………………………………………………………who has been acquitted of……………………………………………………………………for a legal aid (appeal) certificate and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor……………………………………………………………………………………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM S (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT WHERE A PERSON TRIED ON INDICTMENT IN THE CENTRAL CRIMINAL COURT IS ACQUITTED)

Supreme Court

Application having been made to this Court by or on behalf of………………………………………………………………………………………who has been acquitted of……………………………………………………………………for a legal aid (Supreme Court) certificate and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor……………………………………………………………………………………………….

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

/images/ls

GIVEN under my Official Seal,

29 October 2014.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the new forms for a certificate for free legal aid required following the establishment of the Court of Appeal.

S.I. No. 579/2018 –

Criminal Justice (Legal Aid) (Amendment) Regulations 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th January, 2018.

I, CHARLES FLANAGAN, Minister for Justice and Equality, in exercise of the powers conferred on me by section 10 (1)(b) of the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations 2018.

(2) These Regulations are deemed to have come into operation on 1 November 2017.

2. Regulation 3(1) of the Criminal Justice (Legal Aid) (Amendment) Regulations 1978 ( S.I. No. 33 of 1978 ) is amended by the substitution of the following subparagraph for subparagraph (g):

“(g) Where the same solicitor is assigned to two or more defendants in pursuance of two or more certificates for free legal aid and the cases to which the certificates relate are heard together and are not cases in the District Court or appeals to the Circuit Court, the fees (payable under the Act) of that solicitor shall be those to which he or she would have been entitled in accordance with subparagraph (a) if he or she had been assigned in pursuance of a certificate for free legal aid in relation to any particular case (in this subparagraph the “first fee”), increased by the following amounts:

(i) where the assignment is to two defendants only, an amount equal to 60% of the amount of the first fee;

(ii) where the assignment is to three or more defendants—

(I) an amount equal to 60% of the amount of the first fee in respect of each of the second and third defendants, and

(II) an amount equal to 40% of the amount of the first fee in respect of each of the fourth and subsequent defendants thereafter.”.

The Minister for Public Expenditure and Reform consents to the making of these Regulations.

/images/ls

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

19 December 2018.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

/images/ls

GIVEN under my Official Seal,

20 December 2018.

CHARLES FLANAGAN,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for a change in the fees payable to solicitors under the Criminal Legal Aid Scheme.

S.I. No. 702/2023 –

Criminal Justice (Legal Aid) (Amendment) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th January, 2024.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 10 (1)(b) of the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )), with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, hereby make the following regulations:

1. (1) These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations 2023.

(2) The Criminal Justice (Legal Aid) Regulations 1965 to 2011, the Criminal Justice (Legal Aid) (Amendment) Regulations 2018 ( S.I. No. 579 of 2018 ) and these Regulations may be cited together as the Criminal Justice (Legal Aid) Regulations 1965 to 2023.

(3) These Regulations shall come into operation on 1 January 2024.

2. (1) The scales of payment of fees payable to a solicitor assigned, pursuant to a legal aid certificate, to a person charged before the District Court or to an appellant in the Circuit Court shall, from 1 January 2024, be those specified in Part 1 of Schedule 1.

(2) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution shall, from 1 January 2024, be that specified in Part 2 of Schedule 1.

(3) The rate of payment of fee payable to a solicitor assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person’s defence, appeal or case stated, as the case may be, shall, from 1 January 2024, be that specified in Part 3 of Schedule 1.

3. (1) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person before the Circuit Court or Special Criminal Court in relation to an application to be admitted to bail that is contested by the prosecution, shall, from 1 January 2024, be that specified in Part 1 of Schedule 2.

(2) The rate of payment of fee payable to counsel assigned, pursuant to a legal aid certificate, to a person in respect of any visit to the person in prison that is essential to the preparation and conduct of the person’s defence, appeal or case stated, as the case may be, shall, from 1 January 2024, be that specified in Part 2 of Schedule 2.

4. Regulations 3 and 4 of, and Schedules 1 and 2 to, the Criminal Justice (Legal Aid) (Amendment) Regulations 2011 ( S.I. No. 362 of 2011 ) are revoked.

SCHEDULE 1

SOLICITORS’ FEES

Part 1

District Court and Appeals to Circuit Court

Defendant/Appellant

(1)

First day of hearing

(2)

Subsequent days of hearing

(3)

€221.65 in relation to first 2 cases.

€132.97 in relation to each subsequent case.

€55.43

Fee in respect of second defendant/appellant where solicitor assigned in respect of more than one defendant/appellant.

€132.97 in relation to first 2 cases.

€79.42 in relation to each subsequent case.

€55.43

Fee in respect of each defendant/appellant (other than the first and second defendants/appellants) where solicitor assigned in respect of more than two defendants/appellants.

€88.70 in relation to first 2 cases.

€55.43 in relation to each subsequent case.

€55.43

Part 2

Bail applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€100.67

Part 3

Essential Visits

Fee in respect of each essential visit to prison:

€106.94

SCHEDULE 2

COUNSELS’ FEES

Part 1

Bail Applications

Fee in respect of each contested bail application to Circuit Court or Special Criminal Court:

€100.67

Part 2

Essential Visits

Fee in respect of each essential visit to prison:

€106.94

The Minister for Public Expenditure, National Development Plan Delivery and Reform consents to the making of the foregoing Regulations.

/images/ls

GIVEN under the Official Seal of the Minister for Public Expenditure, National Development Plan Delivery and Reform,

20 December, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure, National Development Plan Delivery and Reform.

/images/ls

GIVEN under my Official Seal,

20 December, 2023.

HELEN MCENTEE,

Minister for Justice.

Criminal Legal Aid

CRIMINAL JUSTICE (LEGAL AID) ACT, 1962.

Definitions.

Legal aid (District Court) certificate.

Legal aid (trial on indictment) certificate.

Legal aid (appeal) certificate.

Legal aid (case stated) certificate.

Legal aid (Supreme Court) certificate.

Payment of expenses of legal aid out of moneys provided by Oireachtas.

Restriction of section 34 of Courts of Justice Act, 1924, and section 5 of Courts of Justice Act, 1928..

Statement as to means.

Regulations.

Penalty for false or misleading statements.

Criminal Justice Act, 1999

Criminal Procedure Act 2010

Effect of re-trial order.

Criminal Evidence Act, 1992

Procedure in District Court in relation to certain offences.

Criminal Procedure (Amendment) Act, 1973

Extension of legal aid.

Court of Appeal Act 2014

Amendment of Criminal Justice (Legal Aid) Act 1962

Criminal Justice Act 2007

Amendment of Criminal Justice (Legal Aid) Act 1962.

Criminal Procedure Act 2010

Amendment of Act of 1962.

Finance Act, 1998

Tax clearance for criminal legal aid scheme.

Criminal Justice (Legal Aid) Regulations, 1965

EXPLANATORY NOTE

Criminal Justice (Legal Aid) (Amendment) Regulations, 1976.

EXPLANATORY NOTE.

Criminal Justice (Legal Aid) (Amendment) Regulations, 2000.

EXPLANATORY NOTE.

Criminal Justice (Legal Aid) (Amendment) Regulations 2011.

EXPLANATORY NOTE

Criminal Justice (Legal Aid) (Amendment) Regulations 2014.

EXPLANATORY NOTE

Criminal Justice (Legal Aid) (Amendment) Regulations 2018

EXPLANATORY NOTE

Criminal Justice (Legal Aid) (Amendment) Regulations 2023

Related Posts

Law Centres

Citizens’ Information

Civil Scope & Procedure