S.I. No. 12/1965 - Criminal Justice (Legal Aid) Regulations, 1965

S.I. No. 12 of 1965.

CRIMINAL JUSTICE (LEGAL AID) REGULATIONS, 1965

I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 10 of the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962), and in so far as these regulations are in relation to rates or scales of payment of fees, costs or expenses payable out of moneys provided by the Oireachtas pursuant to certificates for free legal aid with the consent of the Minister for Finance, hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Legal Aid) Regulations, 1965.

2.—(1) These Regulations shall not apply in relation to proceedings initiated before the commencement of the Act.

(2) For the purposes of paragraph (1) of this Regulation, proceedings shall be regarded as being initiated against a person on the day on which a summons in respect of the complaint against the person to which the proceedings relate is issued or, if a summons is. not issued, on the day on which the person is charged with the offence to which the proceedings relate.

3. In these Regulations—

"the Act" means the Criminal Justice (Legal Aid) Act, 1962 (No. 12 of 1962);

"the Minister" means the Minister for Justice.

4.—(1) As soon as may be after the making of these Regulations, each county registrar shall compile a list of the solicitors practising in the county, or the county and county borough, as the case may be, of which he is county registrar who have notified him of their willingness to act for persons to whom certificates for free legal aid are granted and shall send a copy of the list to—

(a) the registrar of the Supreme Court,

(b) the registrar of the Court of Criminal Appeal,

(c) the registrar of the High Court managing the Central Office of the High Court,

(d) the registrar of the Central Criminal Court,

(e) the District Court clerk for each district court area (or part of an area) for cases of summary jurisdiction in the county, or county and county borough, as the case may be aforesaid, and

(f) the Secretary of the Incorporated Law Society.

(2) Where, at any time after the compilation of a list in pursuance of this Regulation—

(a) a county registrar for the county, or the county and county borough, as the case may be, to which the list relates is notified by a solicitor practising in the county, or the county and county borough, as the case may be, of his willingness to act for the persons to whom certificates for free legal aid are granted or of his wish to have his name deleted from the list,

(b) an order is made removing from or striking off the roll maintained under section 9 of the Solicitors' Act, 1954 (No. 36 of 1954), the name of a solicitor whose name is on the list kept in pursuance of this Regulation or restoring to such roll the name of a solicitor whose name was on such list, or suspending from practice a solicitor whose name is on such list, or

(c) the period of suspension from practice of a solicitor whose name was on the list kept in pursuance of this Regulation at the time of the commencement of the suspension has ended,

the county registrar aforesaid shall amend accordingly the list kept in pursuance of this Regulation by adding thereto or deleting therefrom, as the case may be, the name of the solicitor and shall notify the persons mentioned in paragraph (1) of this Regulation of the amendment.

(3) A solicitor who is willing to act for persons to whom certificates for free legal aid are granted and who wishes to have his name included in a list or lists kept pursuant to this Regulation and a solicitor who wishes to have his name deleted from such list or lists shall notify in writing the appropriate county registrar or county registrars and, upon making the amendment referred to in paragraph (2) of this Regulation in the list kept by him, the county registrar, or each county registrar, concerned shall notify the solicitor of the amendment.

(4) A list kept by a county registrar pursuant to this Regulation shall be the list of solicitors for the Circuit Court sitting in the county, or county and county borough, as the case may be, of which he is county registrar, and the copies of the lists received by the court officers specified in subparagraph (1) of this Regulation shall be the lists of solicitors for the respective courts of which they are officers.

5.—(1) As soon as may be after the making of these Regulations, the Council shall send to the Minister the names of the counsel who have notified it of their willingness to act for persons to whom certificates for free legal aid are granted.

(2) The Minister shall keep a list of the names aforesaid and shall send a copy of the list to—

(a) the registrar of the Supreme Court,

(b) the registrar of the Court of Criminal Appeal,

(c) the registrar of the High Court managing the Central Office of the High Court,

(d) the registrar of the Central Criminal Court,

(e) each county registrar, and

(f) each District Court clerk.

(3) Where, at any time after the compilation of a list in pursuance of this Regulation, the Council is notified by a counsel of his willingness to act for persons granted certificates for free legal aid or of his wish to have his name deleted from the list, the Council shall notify the Minister of such wish and the Minister shall amend accordingly the list kept by him pursuant to this Regulation by adding thereto or deleting therefrom, as the case may be, the name of the counsel and the Minister shall notify the officers mentioned in paragraph (2) of this Regulation of the amendment.

(4) A counsel who is willing to act for persons granted certificates for free legal aid and who wishes to have his name included in the list kept by the Minister pursuant to this Regulation and a counsel who wishes to have his name deleted from such list shall notify the Council in writing and upon receipt of the notification the Council shall notify the Minister and the Minister shall amend accordingly the list kept by him pursuant to this Regulation and shall notify the counsel of the amendment.

(5) In this Regulation "the Council" means the General Council of the Bar of Ireland.

6.—(1) The registrar of the Supreme Court, the registrar of the Court of Criminal Appeal, the registrar of the High Court managing the Central Office of the High Court, the registrar of the Central Criminal Court, each county registrar and each District Court clerk shall keep a register of all cases in which application is made to the court of which he is an officer for a certificate for free legal aid and shall record therein in respect of each case—

(a) the date of the application;

(b) the name of the applicant;

(c) in general terms, the charge or charges involved and the nature of the proceedings;

(d) the result of the application, and

(e) if the application is granted, the names of the solicitor and of the counsel (if any) assigned.

(2) Each officer specified in paragraph (1) of this Regulation shall send to the Department of Justice, at such times as the Minister may from time to time direct, a copy of the entries in the register kept by him pursuant to the provisions of that paragraph.

7.—(1) Upon the grant of a certificate for free legal aid, the court granting the certificate shall, having taken into consideration the representations (if any) of the person to whom the certificate was granted, assign to him a solicitor from the appropriate list kept pursuant to Regulation 4 of these Regulations to act for him in the preparation and conduct of his case.

(2) The court granting a certificate (other than a legal aid (District Court) certificate) for free legal aid may, if the person to whom it is granted is charged with murder or the case concerning him appears to present exceptional difficulty and is not an appeal to the Circuit Court and the court is of opinion that the defence or appeal, as the case may be, cannot be conducted adequately without the assistance of two counsel, direct that two counsel be assigned to the person to act for him in the preparation and conduct of his case.

(3) Where a certificate for free legal aid is granted to a person and the certificate entitles the person to have counsel assigned to him—

(a) in case the certificate includes a direction under paragraph (2) of this Regulation, any two counsel whose names are included in the list kept by the Minister pursuant to Regulation 5 of these Regulations, and

(b) in any other case, any one counsel whose name is included in such list,

may be retained on behalf of the person by the solicitor who has been assigned pursuant to the certificate to act for the person in the preparation and conduct of his case and, upon such retention, the counsel shall be deemed to have been assigned to the person pursuant to the certificate to act for the person in the preparation and conduct of his case.

(4) Where two or more certificates for free legal aid are granted to a person and the cases in relation to which they are granted are heard together or in immediate succession, one certificate only shall (unless the Court, being satisfied that there is good reason for so doing, otherwise directs) be deemed, for the purposes of these Regulations, to have been granted to the person.

8.—(1) Where a certificate for free legal aid is granted by any court in respect of free legal aid in another court, a copy of the certificate shall be sent by the court officer concerned to the registrar of the other court.

(2) Where an application by a person under subsection (2) of section 4, 5 or 6 of the Act for a certificate for free legal aid is refused, the registrar of the court to which the person may then apply for a certificate shall be notified of such refusal by the court officer concerned.

9.—(1) A certificate for free legal aid shall be in such one of the forms set out in the First Schedule to these Regulations as may be appropriate.

(2) Where a person is required, pursuant to section 9 of the Act, to furnish a statement relevant for determining whether his means are insufficient to enable him to obtain legal aid, the statement shall be in the form set out in the Second Schedule to these Regulations.

10.—(1) Subject to paragraph (4) of this Regulation, the fees (payable under the Act) of a solicitor assigned in relation to any particular case in pursuance of a certificate for free legal aid shall be those specified in column (2) of the Third Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule, together with if the case lasts for more than one day, the fees specified in column (3) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts.

(2) Subject to paragraphs (4) and (6) of this Regulation, where one counsel only is assigned in relation to any particular case in pursuance of a certificate for free legal aid, the fees (payable under the Act) of the counsel so assigned shall be those specified in column (4) of the Third Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule, together with, if the case lasts for more than one day, the fees specified in column (5) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts.

(3) Subject to paragraphs (4) and (6) of this Regulation, where two counsel are assigned in relation to any particular case in pursuance of a certificate for free legal aid, the fees (payable under the Act) of the first counsel so assigned shall be those specified in column (4) of the Third Schedule to these Regulations opposite the mention of the particular case in column (1) of the said Schedule together with, if the case lasts for more than one day, the fees specified in column (5) of the said Schedule opposite the mention of the particular case in the said column (1) for each day or part of a day after the first for which the case lasts and the fees (payable under the Act) of the second counsel so assigned shall be two-thirds of each of the fees aforesaid rounded up to the nearest guinea.

(4) No fees shall be paid under the Act to a solicitor or counsel assigned in relation to any particular case in pursuance of a certificate for free legal aid in respect of any day on which the hearing of the case consists only of one or more of the following, that is to say, the delivery of a reserved judgment, consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty or an application for an adjournment or remand or in relation to bail.

(5) The fees (payable under the Act) of a person, being either a solicitor or counsel, assigned pursuant to certificates for free legal aid on behalf of two or more persons whose cases are being heard together, shall be those to which the person would have been entitled under the Act if he had been assigned pursuant to a certificate for free legal aid on behalf of one person only increased by such amount (if any) as the Court may think proper not exceeding—

(a) in case the assignments are on behalf of two persons only, 40% of such fees, and

(b) in case the assignments are on behalf of three or more persons, 40% of such fees in respect of two of the persons and 20% of such fees in respect of the other person or each of the other persons, as the case may be.

(6) Where one or two counsel are assigned in relation to any particular case in pursuance of a certificate for free legal aid and, in the opinion of the court hearing the case, it was necessary for the person to whom the certificate was granted to obtain preliminary advice or advices from counsel in writing in relation to the case, a single fee shall be paid under the Act in respect of the advice or advices and it shall be of such amount, not exceeding £10 10s. 0d. as the court hearing the case considers proper and certifies.

11.—(1) (a) Allowances to witnesses summoned and attending on behalf of the defence at the hearing of a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act on a scale corresponding to the scale for the time being at which allowances to similar witnesses summoned and attending on behalf of the prosecution at the hearing or at similar hearings are paid.

(b) The fees and expenses of witnesses who are qualified medical practitioners summoned and attending on behalf of the defence to give professional evidence at the hearing of a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act on a scale corresponding to the scale for the time being at which fees and expenses of such witnesses summoned and attending on behalf of the prosecution to give professional evidence at the hearing or at similar hearings are paid.

(c) The fees and expenses of witnesses (other than those referred to in paragraph (b) of this Regulation) holding a professional qualification summoned and attending on behalf of the defence to give professional evidence at the hearing of a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act at a rate corresponding to the rate for the time being at which fees and expenses to such witnesses summoned and attending on behalf of the prosecution to give professional evidence at the hearing or at similar hearings are paid.

(d) The expenses of obtaining medical and technical reports necessarily required for use by the defence in a case in relation to which a certificate for free legal aid has been granted shall be payable under the Act at a rate corresponding to the rate for the time being at which the expenses of obtaining such reports for use by the prosecution in the case or in similar cases are paid.

(2) Subject to paragraphs (4) and (5) of this Regulation, the travelling expenses actually and necessarily incurred by a solicitor in attending sittings of the Circuit or District Court on any day in any place (other than the county or county borough of Dublin) in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid shall be payable under the Act as follows:

(a) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 10d. per mile of the journey shall be paid, and

(b) in any other case, a sum equal to the lesser of the following shall be paid, namely:

(i) the actual cost of the journey,

(ii) the cost of the journey by public transport and (to the extent (if any) that public transport is not available) hired car, or if no public transport is available for the journey, hired car.

(3) Subject to paragraphs (4) and (5) of this Regulation, the travelling and subsistence expenses actually and necessarily incurred by a solicitor practising elsewhere than in the county or county borough of Dublin in attending sittings of a court (other than the Circuit or District Court) in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid and travelling and subsistence expenses actually and necessarily incurred by a solicitor in travelling to and from any place visited for the purposes of the case shall be payable under the Act as follows:

(a) in the case of travelling expenses—

(i) in case the solicitor makes the whole journey in his own motor-car, a sum calculated at the rate of 10d. per mile of the journey shall be paid, and

(ii) in any other case, a sum equal to the lesser of the following shall be paid—

(I) the actual cost of the journey,

(II) the cost of the journey by public transport and (to the extent (if any) that public transport is not available) hired car, or if no public transport is available for the journey, hired car,

and

(b) in the case of subsistence allowances, on a scale corresponding to the scale for the time being at which the subsistence expenses of civil servants of the highest grade are paid.

(4) No travelling or subsistence expenses shall be paid under the Act to a solicitor assigned in relation to any particular case in pursuance of a certificate for free legal aid in respect of any day on which the hearing of the case consists only of one or more of the following, that is to say, the delivery of a reserved judgment, consideration of the penalty (if any) to be imposed on conviction of an offence and the imposition or non-imposition of a penalty, an application for an adjournment or remand or in relation to bail.

(5) Where a solicitor is engaged on court business other than business in connection with a case in relation to which he has been assigned pursuant to a certificate for free legal aid in any place on any day, no travelling or subsistence expenses shall be payable under the Act to the solicitor in connection with the hearing on that day in that place of a case in relation to which he has been assigned in pursuance of a certificate for free legal aid.

12.—(1) Notwithstanding anything contained in these Regulations, where a certificate for free legal aid has been granted to a person and a payment has been made or agreed to be made by or on behalf of the person towards the costs or expenses of the case in relation to which the certificate was granted, a payment shall not be made under the Act in respect of those costs or expenses.

(2) If the Minister so thinks fit, he may refuse to make a payment under the Act in relation to a case in respect of which a certificate for free legal aid has been granted unless the person in respect of whom the payment falls to be made, furnishes to the Minister a document stating that he has not made or agreed to make and will not make or agree to make a payment towards the costs or expenses of the case in relation to which the certificate was granted and is not aware of a payment or intention to make a payment by any other person (other than under the Act) towards such costs or expenses.

FIRST SCHEDULE

FORM A(i)

LEGAL AID (DISTRICT COURT) CERTIFICATE (WHERE CHARGE IS OTHER THAN ONE OF MURDER)

Application having been made by or on behalf of ............................................................ ............................... ............................................................ ............................................................ . who is charged before this Court with ............................................................ .....................................................,for a Legal Aid (District Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that by reason of (a) ............................................................ ............................................................ .............................................. ............................................................ ............................................................ ............................................................ ......... 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 hereby grants in respect of him this certificate for free legal aid, and assigns to him as solicitor, ............................................................ ............................................................ ........................................

(a) State whether the reason is—

(1) the gravity of the charge,

(2) exceptional circumstances, or

(3) the gravity of the charge and exceptional circumstances.

FORM A(ii).

LEGAL AID (DISTRICT COURT) CERTIFICATE (WHERE CHARGE IS ONE OF MURDER)

Application having been made by or on behalf of ............................................................ ............................... ............................................................ ............................................................ . who is charged before this Court with ............................................................ ....................................................., for a Legal Aid (District Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that by reason of (a) ............................................................ ............................................................ .............................................. ............................................................ ............................................................ ............................................................ .........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 hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ ........................................

(b) The Court directs in addition the assignment of counsel.

.

(a) State whether the reason is—

(1) the gravity of the charge,

(2) exceptional circumstances, or

(3) the gravity of the charge and exceptional circumstances.

(b) delete unless the Court thinks fit that counsel should be assigned.

FORM B(i)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY DISTRICT COURT WHERE CHARGE IS OTHER THAN ONE OF MURDER)

Application having been made to this Court by or on behalf of ............................................................ ........ ............................................................ ............................................................ ...................who is being returned for trial on a charge (charges) of ............................................................ ................................................. for a Legal Aid (Trial on Indictment) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and 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 he should have legal aid in the preparation and conduct of his defence at the trial, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ...............

(a) The Court directs in addition the assignment of two counsel.

.

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM B(ii)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY DISTRICT COURT WHERE CHARGE IS ONE OF MURDER)

Application having been made to this Court by or on behalf of ............................................................ ............................................................ ............................................................ ........................, who is being returned for trial on a charge of murder, for a Legal Aid (Trial on Indictment) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ...............

(a) The Court directs in addition the assignment of two counsel.

.

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM C(i)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY CIRCUIT COURT OR CENTRAL CRIMINAL COURT WHERE CHARGE IS OTHER THAN ONE OF MURDER)

Application having been made to this Court by or on behalf of ............................................................ ........ ............................................................ ............................................................ ...............who has been returned for trial upon a charge (charges) of ............................................................ ............................................................ . for a Legal Aid (Trial on Indictment) Certificate and it appearing to me the Judge of the Court before which he is to be (is being) tried that his means are insufficient to enable him to obtain legal aid, and 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 he should have legal aid in the preparation and conduct of his defence at the trial, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor ............................................................ ............................................................ ..................................................

(a) The Court directs in addition the assignment of two counsel.

(a) delete unless the Court thinks fit that two Counsel should be assigned.

FORM C(ii)

LEGAL AID (TRIAL ON INDICTMENT) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT WHERE CHARGE IS ONE OF MURDER)

Application having been made to this Court by or on behalf of ............................................................ .......

............................................................ ............................................................ ..............who has been returned for trial upon a charge of ............................................................ ............................................................ ........... for a Legal Aid (Trial on Indictment) Certificate, and it appearing to me, the Judge of the Court before which he is to be (is being) tried that his means are insufficient to enable him to obtain legal aid, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor ............................................................ ....................

(a) The Court directs in addition the assignment of two counsel.

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM D(i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY DISTRICT COURT IN RESPECT OF AN APPEAL FROM THE DISTRICT COURT TO THE CIRCUIT COURT)

Application having been made by or on behalf of ............................................................ ............................... ............................................................ .... who has been convicted by this Court of .................................................. for a Legal Aid (Appeal) Certificate and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) ............................................................ ........................................... it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ ...................................................

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

FORM D(ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CIRCUIT COURT IN RESPECT OF AN APPEAL FROM THE DISTRICT COURT TO THE CIRCUIT COURT)

Application having been made to this Court by or on behalf of ............................................................ .. who was convicted by the District Court of .................................... for a Legal Aid (Appeal) Certificate and the District Court having refused to grant such certificate and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) ............................................................ ...

............................................................  it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ...........................................................

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

FORM E(i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CIRCUIT COURT OR THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Application having been made to this Court by or on behalf of ................

............................................................ ................ who has been convicted of the

offence of ............................................................ .................... for a Legal

Aid (Appeal) Certificate, and it appearing to me, the Judge of the Court before which he was tried, that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) ............................................................ ........, it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor ................................

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM E(ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF CRIMINAL APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Application having been made to this Court by or on behalf of ............................................................ .......... who has been convicted by the [Circuit Court] [Central Criminal Court] of the offence of ............................................................ ............................................................ . for a legal aid certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) ............................................................ ............................................................ ..................................................it is essential in the interests of justice that he should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ..

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM E(iii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS OF MURDER)

Application having been made by or on behalf of ............................................................ ............................... ............................................................ ...... who has been convicted of ............................................................ ............

by this Court, for a Legal Aid (Appeal) Certificate and it appearing to me, the Judge of the Court before which he was tried, that his means are insufficient to enable him to obtain legal aid, I hereby grant in respect of him this certificate for free legal aid and assign to him as solicitor ..............................................

(a) The Court directs in addition the assignment of two counsel.

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM E(iv)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF CRIMINAL APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF CRIMINAL APPEAL WHERE THE CONVICTION IS OF MURDER)

Application having been made to this Court by or on behalf of ............................................................ ........ ............................................................ ............................................................ ............ who has been convicted by the Central Criminal Court of the offence of ............................................................ ......................................................... for a Legal Aid (Appeal) Certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor...............................

(a) The Court directs in addition the assignment of two counsel.

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM F (i)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY DISTRICT COURT IN RESPECT OF CASE STATED BY DISTRICT COURT FOR OPINION OF HIGH COURT)

Application having been made by or on behalf of ............................................................ ............................... charged before this Court with the offence of ............................................................ ................................................ for a Legal Aid (Case Stated) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that by reason of (a) ............................................................ .............................. it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ .................................................

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM F (ii)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY HIGH COURT IN RESPECT OF CASE STATED BY DISTRICT COURT FOR OPINION OF HIGH COURT)

High Court

Application having been made to this Court by or on behalf of ............................................................ ............................................................ ...................... charged before the District Court with the offence of............................................................ ......................................................... for a Legal Aid (Case Stated) Certificate and the District Court having refused to grant such certificate and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) ............................................................ ............................................................ ....................................................... it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ .................................................

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) the exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM G (i)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY CIRCUIT COURT IN RESPECT OF CASE STATED BY CIRCUIT COURT FOR OPINION OF SUPREME COURT)

..............................Circuit

County of...............................

Application having been made by or on behalf ............................................................ ................................... ............................................................ ....................................................[charged before this Court with the offence ............................................................ ...............of............................................................ ............................] [who has appealed to this Court against a conviction by the District Court of an offence of ............................................. ............................................................ ............................................................ ............................................................ ...] for a Legal Aid (Case Stated] Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a)............................................................ ......................... it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ ......................................................

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

County Registrar

FORM G(ii)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY SUPREME COURT IN RESPECT OF CASE STATED BY CIRCUIT COURT FOR OPINION OF SUPREME COURT)

Supreme Court

Application having been made to this Court by or on behalf of............................................................ ..  ............................................................ .........................[charged before the District this Court with the offence of ............................................................ ............................................................ ...........................................] [who has appealed to the Circuit Court against a conviction by the District Court of an offence of ............................................. ............................................................ ............................................................ ............................................................ ...by the District Court] for a Legal Aid (Case Stated) Certificate, and the Circuit Court having refused to grant such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a)............................................................ ......................... it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ ......................................................

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM H(i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY COURT OF CRIMINAL APPEAL IN RESPECT OF AN APPEAL FROM THE COURT OF CRIMINAL APPEAL TO THE SUPREME COURT)

Court of Criminal Appeal

Application having been made by or on behalf of ............................................................ ............................... ............................................................ ...............................................who has appealed from a determination of this Court in relation to the offence of ............................................................ ............................................................  for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ ......................

(a) The Court directs in addition the assignment of two counsel.

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM H(ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY SUPREME COURT IN RESPECT OF AN APPEAL FROM THE COURT OF CRIMINAL APPEAL TO THE SUPREME COURT)

Supreme Court

Application having been made by or on behalf of ............................................................ ............................... ............................................................ ...............................................who has appealed from a determination of the Court in relation to the offence of ............................................................ ............................................................  for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ............................................................ ............................................................ ......................

(a) The Court directs in addition the assignment of two counsel.

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM J (i)

LEGAL AID (SUPREME COURT) CERTIFICATE GRANTED BY HIGH COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

High Court

Application having been made by or on behalf of ............................................................ ............................... ............................................................ ...................................... who was charged before the District Court with the offence of ............................................................ .................................. for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of this Court on a case stated by the Justice of the District Court in relation to the proceedings in regard to the offence [in relation to a question of law arising in the proceedings] and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) ............................................................ ............................................................ ........ ............................................................ .................................................. it is essential in the interests of justice that a Legal Aid (Supreme Court] Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor ....................................................

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM J(ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

Supreme Court

Application having been made by or on behalf of ............................................................ .............................. ............................................................ .......................................who was charged before the District Court with the offence of ............................................................ ..................................................... for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of the High Court on a case stated by the Justice of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and the High Court having refused to grant such certificate, and it appearing to the Court that his means are insufficient to enable him to obtain legal aid and that, by reason of (a) ............................................................ ............................................................ ............................... ............................................................ .................................................it is essential in the interests of justice that a Legal Aid (Supreme Court] Certificate should be granted in respect of him, the Court hereby grants in respect of him this certificate for free legal aid and assigns to him as solicitor .....................................................

(b) The Court directs in addition the assignment of two counsel.

(a) State whether the reason is—

(1) the serious nature of the offence with which he is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

SECOND SCHEDULE

STATEMENT OF MEANS OF AN APPLICANT FOR FREE LEGAL AID IN A CRIMINAL CASE

As an applicant for free legal aid, you are hereby required in pursuance of section 9 of the Criminal Justice (Legal Aid) Act, 1962 , to furnish on this form particulars relevant for determining whether your means are insufficient to enable you to obtain legal aid.

You must enter true and correct particulars against each numbered heading. If the answer is " None " or " No, " this must be written in.

THIRD SCHEDULE

SOLICITORS' AND COUNSEL'S FEES

GIVEN under my Official Seal, this 12th day of January, 1965.

BRIAN LENIHAN

Minister for Justice

The Minister for Finance hereby consents to the making of the foregoing Regulations in so far as they are in relation to rates or scales of payment of fees, costs or expenses.

GIVEN under the Official Seal of the Minister for Finance. this 20th day of January, 1965.

SÉAMAS Ó RIAIN

Minister for Finance

EXPLANATORY NOTE

These Regulations prescribe procedure relating to the Legal Aid Scheme for poor persons in certain criminal cases. Scales of fees, expenses, etc., are also prescribed.