Garda Station Legal Advice Revised Scheme

Rules

The Garda Station Legal Advice Revised Scheme applies to those detained in a Garda station in relation to the investigation of certain types of offences. You must be legally entitled to consult a solicitor and you must be unable to pay for the consultation yourself.

The offences the scheme applies to are:

• Offences under Section 30 of the Offences Against the State Act 1939 as amended
• Offences under Section 4 of the Criminal Justice Act 1984
• Offences under Section 2 of the Criminal Justice (Drug Trafficking) Act 1996
• Offences under Section 50 of the Criminal Justice Act 2007

Those detained under Sections 16 and 17 of the Criminal Procedures Act 2010 or Section 42 of the Criminal Justice Act 1999 can also apply for legal advice under the scheme as if detained under Section 4 of the Criminal Justice Act 1984.

Under the scheme, fees are paid to a solicitor for:

• Telephone and in-station consultations
• Attendance of the solicitor at a formal interview between the Gardaí and the detainee
• Attendance of the solicitor at an identity parade

The number of consultations the scheme will cover you for depends on the legislation you are detained under.

Extension hearings

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, under the Criminal Justice (Drug Trafficking) Act 1996 or under the Criminal Justice Act 2007.

Means Test

The scheme covers the cost of consultations with a solicitor if you cannot afford to pay for the solicitor. When you apply you will have to complete a statement of means. The scheme is confined to those who are in receipt of social welfare payments and those whose annual earnings are less than €20,316.