Written answers

Wednesday, 6 June 2012

Department of Justice, Equality and Defence

Legal Aid Service

10:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 652: To ask the Minister for Justice and Equality his views on a matter regarding free legal aid (details supplied); and if he will make a statement on the matter. [26359/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It would not be appropriate for me to comment on the particular circumstances referred to by the Deputy. Under the Criminal Justice (Legal Aid) Act 1962, free legal aid may be granted, in certain circumstances, for the defence of any person of insufficient means in criminal proceedings. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid and 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. The Supreme Court judgment in the 1976 case State (Healy) v. Donoghue established that an accused person has, in certain circumstances which are quite wide in practice, a constitutional right to legal aid.

Under the Act, the decision to grant free legal aid is a matter for each court. However, an applicant may be required by the court to complete a statement of means. The Act also provides for certain sanctions in cases where an applicant knowingly makes a false statement or false representation for the purpose of obtaining free legal aid.

A Bill is currently being drafted to update the legislation governing criminal legal aid which dates from 1962. In that context a range of matters are being considered including provisions on eligibility for criminal legal aid, criteria for the determination of the means of applicants and recouping of monies where appropriate.

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