State (Healy) v Donoghue

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1978
• Docket Number: [1975 No. 79 SS.]
• Date: 01 January 1978

(S.C.)

The State (Healy)

and

Donoghue

Fair procedures - Personal rights - Legal advice -Duty of court - Failure to provide legal aid - Conviction quashed on certiorari - Criminal Justice (Legal Aid) Act, 1962 (No. 12), s. 2 -Constitution of Ireland, 1937, Articles 34, 38, 40.

Section 2 of the Act of 1962 states that, if it appears to the District Court that the means of a person charged before it with an offence are insufficient to enable him to obtain legal aid and 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, the court shall "on application being made to it in that behalf" grant him a certificate enabling him to obtain free legal aid and to have a solicitor assigned to him for that purpose. On the 12th June, 1974, the prosecutor was brought before the Children's Court upon a charge that he had broken and entered a building and had committed a felony therein. The prosecutor was a youth, aged 18 years, whose formal education had ceased when he was 13 years old and who was unable to pay for legal advice. He pleaded guilty to the charge, which was to be tried summarily, and the imposition of the sentence was adjourned on several occasions. On the 15th January, 1975, he was convicted by the District Justice who sentenced him to three months detention. The prosecutor did not apply for legal aid, nor was he informed of his right to apply for such aid; he was not represented at this trial. On the 13th December, 1974, the prosecutor was brought before the District Court upon a charge of larceny. He pleaded guilty to that charge, which was to be tried summarily, and the imposition of the sentence was adjourned; he was remanded in custody. On the 30th December he applied for, and was granted, a legal-aid certificate in respect of the larceny charge and a solicitor was assigned to him. After several adjournments the prosecutor was convicted by the District Justice on the 29th January, 1975, and was sentenced to six months detention although the prosecutor was not represented by the solicitor assigned to him or any solicitor, and although the prosecutor had sought a further adjournment for the purpose of obtaining the advice of that solicitor. During the relevant period the solicitors who had provided the services necessary for the operation of the Act of 1962 had withdrawn from the legal-aid scheme provided by...