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:—

1 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.

2 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.

3 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.

4 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.

5 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 (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, a legal aid (case stated) certificate shall be granted in respect of the person if (but only if)—

• (a) application is made therefor,

• (b) it appears to the court before which the charge or appeal (as the case may be) is heard that the means of the person are insufficient to enable him to obtain legal aid, and

• (c) it appears to the court before which the charge or appeal (as the case may be) is heard that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.

• (3) Where, in relation to a case stated, a person is refused a legal aid (case stated) certificate by the District Court or Circuit Court, he may apply for the certificate to the court in which the case stated is to be heard 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) it appears to the court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (case stated) certificate should be granted in respect of the person.

6 Legal aid (Supreme Court) certificate.

6.—(1) Where—

• (a) a person is charged with an offence,

• (b) an appeal is brought to the Supreme Court from a determination of the Court of Criminal Appeal in relation to the offence or the penalty (if any) imposed in respect thereof or from a determination of the High Court on a case stated by a justice in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, and

• (c) a certificate for free legal aid (in this Act referred to as a legal aid (Supreme Court) certificate) is granted in respect of the person charged with the offence to which the appeal relates by the Court of Criminal Appeal or the High Court (as the case may be) 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 appeal 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 (Supreme Court) certificate shall be granted if (but only if)—

• (a) application is made therefor,

• (b) it appears to the Court of Criminal Appeal or the High Court (as the case may be) that the means of the person charged with the offence are insufficient to enable him to obtain legal aid, and

• (c) in the case of an appeal from a determination of the High Court on a case stated by a justice, it appears to the High Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.

• (3) Where a person is refused a legal aid (Supreme Court) certificate, he may apply for the certificate to the Supreme Court either—

• (a) by letter addressed to the registrar of the Supreme Court setting out the facts of the case and the grounds of the application, or

• (b) to the Supreme 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) in the case of an appeal from a determination of the High Court on a case stated by a justice, it appears to the Supreme Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.

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

7.—(1) Where a legal aid (District Court) certificate or a legal aid (trial on indictment) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the defence to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.

• (2) Where a legal aid (appeal) certificate, a legal aid (case stated) certificate or a legal aid (Supreme Court) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person's case in relation to the appeal or case stated (as the case may be) to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.

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

8.—(1) Where a legal aid (trial on indictment) certificate is granted in respect of a person, the Court of Criminal Appeal shall not have jurisdiction under section 34 of the Courts of Justice Act, 1924, or section 5 of the Courts of Justice Act, 1928, to award costs to the person in respect of court proceedings in relation to which the certificate applies.

• (2) Where a legal aid (appeal) certificate is granted in respect of a person, the Court of Criminal Appeal shall not have jurisdiction under the said section 34 or the said section 5 to award costs to the person in respect of court proceedings in relation to which the certificate applies.

9 Statement as to means.

9.—(1) Before a person is granted a legal aid certificate he may be required by the court or judge, as the case may be, granting the certificate to furnish a written statement in such form as may be prescribed by the Minister by regulations under section 10 of this Act about matters relevant for determining whether his means are insufficient to enable him to obtain legal aid.

• (2) In this and in the next following section “legal aid certificate” means a legal aid (District Court) certificate, a legal aid (trial on indictment) certificate, a legal aid (appeal) certificate, a legal aid (case stated) certificate or a legal aid (Supreme Court) certificate.

10 Regulations.

10.—(1) The Minister may make regulations for carrying this Act into effect and the regulations may, in particular, prescribe—

• (a) the form of legal aid certificates,

• (b) the rates or scales of payment of any fees, costs or other expenses payable out of moneys provided by the Oireachtas pursuant to such certificates,

• (c) the manner in which solicitors and counsel are to be assigned pursuant to such certificates.

• (2) Regulations under this section in relation to the matters specified in paragraph (b) of subsection (1) of this section shall not be made without the consent of the Minister for Finance.

• (3) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.

11 Penalty for false or misleading statements.

11.—(1) A person who, for the purpose of obtaining free legal aid under this Act, whether for himself or some other person, knowingly makes a false statement or false representation either verbally or in writing or knowingly conceals any material fact shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.

• (2) Upon conviction of a person of an offence under this section, the court by which the person is convicted may, if in the circumstances of the case the court so thinks fit, order the person to pay to the Minister the whole or part (as the court considers appropriate) of any sum paid under section 7 of this Act in respect of the free legal aid in relation to which the offence was committed, and any sum paid to the Minister pursuant to this section shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

12 Commencement.

12.—This Act shall come into operation on such day as the Minister may appoint by order.

13 Expenses.

13.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be defrayed out of moneys provided by the Oireachtas.

14 Short Title.

14.—This Act may be cited as the Criminal Justice (Legal Aid) Act, 1962.