Criminal Justice (Legal Aid) Act, 1962

JurisdictionIreland
CitationIR No. 12/1962


Number 12 of 1962.


CRIMINAL JUSTICE (LEGAL AID) ACT, 1962.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Legal aid (District Court) certificate.

3.

Legal aid (trial on indictment) certificate.

4.

Legal aid (appeal) certificate.

5.

Legal aid (case stated) certificate.

6.

Legal aid (Supreme Court) certificate.

7.

Payment of expenses of legal aid out of moneys provided by Oireachtas.

8.

Restriction of section 34 of Courts of Justice Act, 1924, and section 5 of Courts of Justice Act, 1928.

9.

Statement as to means.

10.

Regulations.

11.

Penalty for false or misleading statements.

12.

Commencement.

13.

Expenses.

14.

Short Title.


Acts Referred to

Courts of Justice Act, 1924

1924, No. 10

Courts of Justice Act, 1928

1928, No. 15


Number 12 of 1962.


CRIMINAL JUSTICE (LEGAL AID) ACT, 1962.


AN ACT TO MAKE PROVISION FOR THE GRANT BY THE STATE OF FREE LEGAL AID TO POOR PERSONS IN CERTAIN CRIMINAL CASES. [20th June, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Definitions.

1.—In this Act, except where the context otherwise requires—

“justice” means justice of the District Court and includes the President of the District Court;

“the Minister” means the Minister for Justice.

Legal aid (District Court) certificate.

2.—(1) If it appears to the District Court—

(a) that the means of a person charged before it with an offence are insufficient to enable him to obtain legal aid, and

(b) that by reason of the gravity of the charge or of exceptional circumstances it is essential in the interests of justice that he should have legal aid in the preparation and conduct of his defence before it,

the Court shall, on application being made to it in that behalf, grant in respect of him a certificate for free legal aid (in this Act referred to as a legal aid (District Court) certificate) and thereupon he shall be entitled to such aid and to have a solicitor and (where he is charged with murder and the Court thinks fit) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A decision of the District Court in relation to an application under this section shall be final and shall not be appealable.

Legal aid (trial on indictment) certificate.

3.—(1) Where—

(a) a person is returned for trial for an indictable offence, and

(b) a certificate for free legal aid (in this Act referred to as a legal aid (trial on indictment) certificate) is granted in respect of him by the District Court, upon his being returned for trial, or by the judge of the court before which he is to be or is being tried,

the person shall be entitled to free legal aid in the preparation and conduct of his defence at the trial and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (trial on indictment) certificate shall be granted in respect of a person returned for trial for an indictable offence if (but only if)—

(a) application is made therefor,

(b) it appears to the District Court or the judge of the court before which the person is to be or is being tried that the means of the person are insufficient to enable him to obtain legal aid, and

(c) either—

(i) the return for trial is upon a charge of murder, or

(ii) it appears to the District Court or the judge of the court before which the person is to be or is being tried (as the case may be) that, having regard to all the circumstances of the case (including the nature of such defence (if any) as may have been set up), it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of his defence at the trial.

Legal aid (appeal) certificate.

4.—(1) Where—

(a) a person is convicted of an offence, and

(b) a certificate for free legal aid (in this Act referred to as a legal aid (appeal) certificate) is granted in respect of him by the District Court or by the judge of the court before which he was tried or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of an appeal from the conviction or the penalty (if any) imposed on conviction and to have a solicitor and (where the appeal lies to the Court of Criminal Appeal) counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (appeal) certificate shall be granted in respect of a person convicted of an offence if (but only if)—

(a) application is made therefor,

(b) it appears to the District Court or the judge of the court before which the person was tried that his means are insufficient to enable him to obtain legal aid, and

(c) either—

(i) the conviction is of murder, or

(ii) it appears to the District Court or the judge of the court before which the person was tried that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of an appeal.

(3) Where a person is, on being convicted of an offence, refused a legal aid (appeal) certificate, he may apply for the certificate to the court to which an appeal from the conviction lies either—

(a) by letter addressed to the registrar of that court setting out the facts of the case and the grounds of the application, or

(b) to the court itself,

and the court shall grant the certificate if (but only if)—

(i) it appears to the court that the means of the person are insufficient to enable him to obtain legal aid, and

(ii) either—

(I) the conviction is of murder, or

(II) it appears to the court that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the convicted person should have legal aid in the preparation and conduct of an appeal.

Legal aid (case stated) certificate.

5.—(1) Where—

(a) a person is charged with an offence before the District Court or the Circuit Court or appeals to the Circuit Court against a conviction of an offence by the District Court and the justice or judge (as the case may be) of the court before which the charge or appeal (as the case may be) is heard refers a question of law arising in the proceedings to the High Court or Supreme Court (as the case may be) by way of case stated or the justice states a case in relation to the proceedings for the opinion of the High Court, and

(b) a certificate for free legal aid (in this Act referred to as a legal aid (case stated) certificate) is granted in respect of the person by the court before which the charge or appeal (as the case may be) is heard or under subsection (3) of this section,

the person shall be entitled to free legal aid in the preparation and conduct of his case in relation to the case stated and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) Where a person is charged with an offence before the District Court or the Circuit Court or appeals to the Circuit Court against a conviction of an offence by the District Court and the justice or judge (as the case may be) of the court before which the charge or appeal...

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