People (Attorney General) v Heffernan

• Jurisdiction: Ireland
• Judgment Date: 27 April 1951
• Date: 27 April 1951
• Court: Court of Criminal Appeal

The People (Attorney General)

and

Heffernan

Criminal appeal -Legal aid assigned to appellant by Court of Criminal Appeal - Rates and scales of payment of costs and expenses of legal aid - Criminal Appeal (Fees and Expenses of Legal Aid) Regulations, 1950 (S.I., 1950, No. 305) - Validity - Criminal Appeal Rules, 1924, r. 43.

The Criminal Appeal (Fees and Expenses of Legal Aid) Regulations, 1950, is ultra vires and the fixing of the costs and expenses of legal aid assigned, pursuant to the Criminal Appeal Rules, 1924, r. 43, to an accused person, on an application for leave to appeal to the Court of Criminal Appeal is a matter for the Superior Courts Rules Committee and, in the absence of any ruling by the said Committee, fixing such costs and...