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Legal Aid

  • 03-10-2009 10:07pm
    #1
    ForeverStuck
    Closed Accounts Posts: 14 ✭


    I don't know all the details as my parents try to protect me from their problems.
    A court case is being brought against my father.
    He applied for legal aid but his application has been refused.
    He has nothing and it is a very desperate situation.
    Can he appeal? Is there any point?
    Any information will be appreciated.


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    To be granted Legal Aid a person must be "in jeopardy", that is at risk of imprisonment and must satisfy the means test, that is their income must not be adequate for them to fund a defense.

    A decision by a district court judge in relation to legal aid over a summary criminal charge is not appealable (section 2(2) of the 1962 Legal Aid Act)

    http://www.irishstatutebook.ie/1962/en/act/pub/0012/sec0002.html#zza12y1962s2


  • #3
    Buffy the bitch
    Closed Accounts Posts: 169 ✭✭Buffy the bitch


    ForeverStuck wrote: »
    I don't know all the details as my parents try to protect me from their problems.
    A court case is being brought against my father.
    He applied for legal aid but his application has been refused.
    He has nothing and it is a very desperate situation.
    Can he appeal? Is there any point?
    Any information will be appreciated.


    "He has nothing"

    Is he on the dole?


  • #4
    ForeverStuck
    Closed Accounts Posts: 14 ✭ForeverStuck


    gabhain7 wrote: »
    To be granted Legal Aid a person must be "in jeopardy", that is at risk of imprisonment and must satisfy the means test, that is their income must not be adequate for them to fund a defense.

    A decision by a district court judge in relation to legal aid over a summary criminal charge is not appealable (section 2(2) of the 1962 Legal Aid Act)

    http://www.irishstatutebook.ie/1962/en/act/pub/0012/sec0002.html#zza12y1962s2

    The decision was made by the board. And I don't think it's considered a criminal charge. It's a civil action (I think).


  • #5
    ForeverStuck
    Closed Accounts Posts: 14 ✭ForeverStuck


    Buffy the bitch wrote: »
    "He has nothing"

    Is he on the dole?

    He's on disability benefit. And my mother's income is very low. They would definitely qualify if means tested. I presume they were.


  • #6
    ilovelamp2000
    Registered Users Posts: 2,435 ✭✭✭ilovelamp2000


    ForeverStuck wrote: »
    He's on disability benefit. And my mother's income is very low. They would definitely qualify if means tested. I presume they were.

    So he's been to the Legal Aid Board ?

    There are two tests they perform, one is the means test which is done first. Even if a person qualifies under that the Legal Aid Board won't take a case unless it has a reasonable chance of being successful.

    There are also a number of areas that the Legal Aid Board are precluded from acting by the Civil Legal Aid Act.
    http://www.citizensinformation.ie/categories/justice/legal-aid-and-advice/cases-covered-by-the-legal-aid-board

    There is a right of appeal against a decision and he probably would have been informed of that by whoever turned down his application but the appeal has to be taken within 30 days of the refusal to grant legal aid.


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  • #7
    ForeverStuck
    Closed Accounts Posts: 14 ✭ForeverStuck


    Thanks for the info. I will have to look into further and tray again.
    Thanks again.


  • #8
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Sorry I assumed Criminal Legal Aid,

    it's very tricky to get civil legal aid for non-family law issues even if you meet the financial eligibility criteria.

    The rules on who can get legal aid are setout in section 28
    http://www.irishstatutebook.ie/1995/en/act/pub/0032/sec0028.html#zza32y1995s28

    and the legal aid regulations
    http://www.irishstatutebook.ie/1996/en/si/0273.html#zzsi273y1996a13


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