Dáil Éireann Debate, Tuesday - 27 July 2021
1366. Deputy Noel Grealish asked the Minister for Justice the steps being considered by her Department to restrict access to free legal aid by repeat offenders including measures such as requiring them to pay a contribution towards the cost of their defence. [40021/21]
View answerThe Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of people who have insufficient means in criminal proceedings.
Under the Act, the courts, through the judiciary, are responsible for the granting of legal aid. Under the Constitution the State is obliged to provide an accused person with the means to obtain appropriate legal representation.
Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance to be given it free when the interests of justice so require. The Deputy will appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution.
The overriding concern is to ensure that due process is followed and that no risk arises in relation to the prosecution of a person charged with a criminal offence before the courts.
The assignment of lawyers or the granting of aid are matters for the Court and as such are handled by the judiciary on the applicant's appearance in court. Criminal prosecutions originate in the District Court and if satisfied it is so warranted, the District Court Judge presiding will grant a criminal legal aid certificate.
There is no limit to the number of times that a person can be granted legal aid under the scheme. Whether or not an applicant has received legal aid previously is not a consideration in determining eligibility for legal aid and this information is not recorded by the Courts Service. An applicant's previous convictions are also not a criterion for the granting of criminal legal aid under the Act.
