Criminal Legal Aid and Advice
- Introduction
- Garda Station Legal Advice Scheme
- The Attorney General’s Scheme
- Ad-Hoc Legal Aid Scheme (CAB)
Introduction
The main free legal aid available to someone accused of a crime is the legal aid provided under the Criminal Justice (Legal Aid) Act 1962. If you have a constitutional right to legal representation and you do not have the means to pay for it, then the State is obliged to provide it. Unlike civil legal aid, criminal legal aid is free. You can read more about the free Criminal Legal Aid scheme here.
There are, however, a number of other criminal legal aid and advice schemes.
Garda Station Legal Advice Scheme
The Minister for Justice and Equality established the Garda Station Legal Advice Scheme in February 2001. This scheme applies to anybody detained in a Garda station in relation to the investigation of three different types of offences.
- Offences under Section 30 of the Offences Against the State Act 1939 as amended by the Offences Against the State (Amendment) Act 1998
- Offences under Section 4 of the Criminal Justice Act 1984
- Offences under Section 2 of the Criminal Justice (Drug Trafficking) Act 1996
All persons detained under these Acts are entitled to consult a solicitor. This scheme covers the cost of any such consultation with a solicitor if the person detained in the Garda Station cannot afford to pay for the solicitor.
Since July 2007 the scheme also covers payments to a solicitor who attends an extension hearing held in the District Court where the Gardaí apply to extend the time limit for holding a suspect under the Offences Against the State Acts or under the Criminal Justice (Drug Trafficking) Act 1996.
The scheme is confined to people who are in receipt of social welfare payments or people who earn less than €20,316 per year.
If you are detained in a Garda station and want to apply for the scheme complete form GSAS 1 which your solicitor can provide. Your solicitor submits his/her claim for fees at the end of the detention period.
The Attorney General’s Scheme
The Attorney General’s Scheme is a non-statutory scheme which cover the fees payable to a solicitor and barrister representing a person in certain criminal matter where that person cannot afford to pay the fees themselves. The scheme is administered by the Department of Justice and Equality.
The scheme applies to the following matters.
- Applications for bail in the High Court
- Judicial review proceedings which are concerned with criminal matters or matters where the liberty of the person is at issue
- Applications under the Extradition Act 1965 and the European Arrest Warrant Act 2003
- Habeas Corpus applications (brought by a person who claims that they are being unlawfully detained by the state)
Legal Aid is available under the scheme whenever the applicant's means are not sufficient to obtain the appropriate and necessary legal representation and the court in question considers it necessary and proper that a solicitor and barrister should be assigned to that person to make submissions on behalf of that person in their application to the court.
To apply for funding under the scheme, you personally, or through your legal representative, must make an application to the court for a recommendation for funding under the scheme at the start of proceedings. Further information on the scheme is available on the Attorney General’s website www.attorneygeneral.ie.
Ad-Hoc Legal Aid Scheme (CAB)
The Department of Justice and Equality operates the Criminal Assets Bureau (CAB) Ad-Hoc Legal Aid Scheme which provides legal aid to people who are defendants in any court proceedings brought by the Criminal Assets Bureau, including court proceedings under the Proceeds of Crime Act 1996, Revenue Acts or Social Welfare Acts.
The scheme also includes:
- Social welfare appeals made to the Circuit Court under Section 307 of the Social Welfare Consolidation Act 2005
- Tax appeals made to the Circuit Court under the Taxes Acts where the Criminal Assets Bureau is the defendant
- Applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act 1994
To apply for funding approval you must apply to the court which is dealing with your case. The court decides the level of legal representation and/or witness expenses allowed.
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Related Documents
- Criminal Legal Aid
In Ireland, you must fulfil certain criteria to qualify for criminal legal aid. Find out about the cases where legal aid is granted and how to apply. - Detention after arrest
What is the legal basis for detaining you after you have been arrested in Ireland? - Time limitations for the commencement of criminal proceedings
Information on the time limits for the commencement of criminal proceedings in Ireland is provided.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.