Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 15 Oct 2003

Vol. 572 No. 4

Written Answers. - Criminal Legal Aid.

Bernard J. Durkan

Question:

69 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he sees anomalies in the way legal aid is available to the public and those in organised crime; and if he will make a statement on the matter. [23408/03]

The Deputy will be aware that there are separate provisions governing the granting of legal aid in relation to criminal and civil matters and different criteria apply to the granting of legal aid under each scheme.

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. An accused person is entitled to be informed by the court in which he or she is appearing of his or her possible right to legal aid. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel in the preparation and conduct of his or her defence or appeal. The courts, through the Judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him or her to pay for legal aid himself or herself. In this regard, an applicant for free legal aid may be required by the court to complete a statement of means.

Furthermore, the court must also be satisfied that by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. However, where the charge is one of murder or where an appeal is one from the Court of Criminal Appeal to the Supreme Court, free legal aid is granted merely on the grounds of insufficient means. Eligibility for legal aid in criminal cases is determined by the judge hearing the case and I have no function in this regard.
The Civil Legal Aid Act 1995 provides that all applicants for civil legal aid must undergo a means and merits test before a determination is made in relation to their eligibility for civil legal aid. The basic criteria for the granting of legal aid and advice is set out in section 24 of the Act. Under the Act, the decision in relation to individual eligibility is a matter for the Legal Aid Board.
Top
Share