Written answers

Wednesday, 25 February 2009

Department of Justice, Equality and Law Reform

Criminal Legal Aid

11:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 80: To ask the Minister for Justice, Equality and Law Reform his views on whether it is satisfactory that suspects, whose assets have been designated proceeds of crime by the courts are granted criminal legal aid; and if he will make a statement on the matter. [7691/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The matters which are of importance to note in relation to the Criminal Legal Aid Scheme and the Criminal Assets Bureau Ad-Hoc Legal Aid Scheme are the following:- (a) that the grant of legal aid, including the level of legal representation, is a matter for the court; (b) the court considering the application must be satisfied that the means of the applicant are insufficient to enable the person to obtain legal representation on his or her own behalf; (c) by reason of the exceptional circumstances it is essential, in the interests of justice, that the applicant should have legal aid in the preparation or conduct of his or her case; (d) steps may be taken to dispute the applicant's assertion as to his or her inability to discharge the legal costs. I can assure the Deputy that operation of the Schemes is being kept under review in my Department.

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