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Govt considers means test for free legal aid applicants

  • 25-08-2009 8:09am
    #1
    beertons
    Hosted Moderators Posts: 23,211 ✭✭✭✭


    Well it's about bloody time.


    The Government is reportedly considering the introduction of means tests to decide whether people accused of criminal offences are entitled to free legal aid.

    Reports this morning say legislation being drafted for Justice Minister Dermot Ahern would provide for a means test where the Gardaí or the DPP object to the granting of legal aid.

    The test would reportedly apply to all criminal charges with the exception of murder.

    At present, an applicant must establish to the satisfaction of the court that his or her means are insufficient to pay for legal aid.

    Official figures show that the scheme cost €46.5m in 2007 and €55.3m last year.

    Read more: http://www.breakingnews.ie/ireland/govt-considers-means-test-for-legalaid-applicants-423801.html#ixzz0PBEqL0Xt


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    I think this is a good idea. I saw a traveller obtain legal aid in the District Court whom I knew to be driving an expensvie current year registered vehicle and building a house elsewhere in the county.


  • #3
    mikemac
    Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    beertons wrote: »
    At present, an applicant must establish to the satisfaction of the court that his or her means are insufficient to pay for legal aid.

    How does a defendant establish this?
    Is it as simple as stating in court you need legal aid and you can't afford legal represtation?
    Would the judge look for proof, like asking what your job is?

    I always assumed there was a means test in place.


  • #4
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Re enquiry as to entitlement to legal aid.

    Usual procedure:

    Solicitor applies verbally in court. Judge asks if defendant working, and if so may ask about earnings and dependents.

    May ask Gardai for comment.

    Then either granted or refused. No written application, not even disclosure of PPS number


  • #5
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    beertons wrote: »
    Official figures show that the scheme cost €46.5m in 2007 and €55.3m last year.
    Wow- sounds very dramatic, doesn't it?

    Well, let's put that in some context; considering that the amount of criminal cases disposed of by the District Court jumped from 436,617 in 2007 to 550,694 in 2008 an increase of over 25% in criminal cases and this trend is very likely mirrored through the other courts too, it doesn't seem like such bad value as the corresponding increase in fees from 2007 and 2008 is only 19%!

    Also it is worth remembering that fees paid to solicitors and barristers under the criminal legal aid scheme were cut by 8% earlier this year, which is not reflected in these statistics either.

    But, at the end of the day, if the Government through its agencies (DPP, An Garda Siochana, etc) wish to dramatically increase the amount of people whom they are prosecuting it should be abundantly obvious to anybody that the legal aid bill is also going to increase.


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