Vol. 492 No. 1
214 Mr. Ring asked the Minister for Justice, Equality and Law Reform his views in relation to a situation whereby the State brings a case to court and subsequently loses the case yet the defendant is required to pay the costs; and if he will introduce a scheme wherby the State will pay the defendants costs in unsuccessful criminal cases. [13608/98]
The decision to bring a prosecution in a criminal case rests with the Director of Public Prosecutions whose functions must include the scope to enter a nolle prosequi where the circumstances of the case change. The Director of Public Prosecutions is independent in the performance of his functions and I have no role in relation to these matters.
Under the Criminal Justice (Legal Aid) Act, 1962, and the regulations made under it, free legal aid may be granted by the courts, in certain circumstances, for the defence of persons of insufficient means who are charged with a criminal offence. I have no plans to extend the criminal legal aid scheme or introduce a new scheme whereby the State will pay the defendant's costs in unsuccessful criminal cases.
