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Is this is what the norm for Free Legal Aid?

  • 09-06-2011 10:25am
    #1
    LoveCoffee11
    Closed Accounts Posts: 3 ✭


    I read the charter ... so I hope I have abided by the rules.


    My brother appeared in District Court this week on a robbery charge and has been remanded in custody pending a further hearing in 2 weeks time.

    The solicitor company representing him did not appear at the court. There was no briefing to the barrister, apart from a one page document with a few notes he had. Plus the information we provided him.

    I’m far from satisfied with the representation and advise given, key facts were not given to the judge, and also apparently standard steps were not followed prior to the case being heard. The solicitor company is dealing with this as free legal aid (they are a large solicitor company who take a lot of free legal aid clients) – should a solicitor from the company have been there?
    And what action can I now take to ensure maximum representation for him at the sentencing?

    Thanks for your help


Comments

  • #2
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    LoveCoffee11 wrote: »
    My brother appeared in District Court this week on a robbery charge and has been remanded in custody pending a further hearing in 2 weeks time.
    Firstly, without more information this sounds like it was just a preliminary matter. Did he plead at this stage?
    The solicitor company representing him did not appear at the court.
    How do you know that?
    There was no briefing to the barrister, apart from a one page document with a few notes he had. Plus the information we provided him.
    How do you know that?
    I’m far from satisfied with the representation and advise given, key facts were not given to the judge, and also apparently standard steps were not followed prior to the case being heard.
    How do you know that?
    The solicitor company is dealing with this as free legal aid (they are a large solicitor company who take a lot of free legal aid clients) – should a solicitor from the company have been there?
    The vast majority of criminal cases are legal aid and you get your barrister based on the cab-rank rule.



    I mean it's very difficult to say without all of the information present and you probably cannot even give that information in theory.
    It sounds to me like there is a lot more to the story than you know about tbh.


  • #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If this was the first time in court it is usual for the solicitor, or someone acting on their behalf, to ask for disclosure and for the case to be remanded. The facts don't be given to the judge until the actual hearing. Most likely there was an issue over bail and some facts may have been given at this stage in an attempt to sort it out.


  • #4
    LoveCoffee11
    Closed Accounts Posts: 3 ✭LoveCoffee11


    He pleaded guilty .. in fact the day of the robbery (after he sobered up) he walked in to the Garda station and confessed. He has been fully cooperative. (this was not mentioned by the barrister, however the cooperation was brought up by detective).

    This was the 3rd time to court, and disclosure had been dealt with.

    On this occasion (this week), the judge agreed to accept Jurisdiction and deal with it via District Court. He was hearing the case, this wasn't preliminary hearing. After hearing from the Detective & Barrister, the judge gave brother 2 options:

    1 - Be taken in to custody for 2 weeks while the judge thinks about the sentence. Judge made a request to the Gardai to get in contact with the victim/business to see if they wish to attend next time. (The feeling from barrister, solicitor & detective is that Judge is trying to give him a shock and he will get suspended sentence in 2 weeks time. According to solicitor there is no precadence for this action)

    2 - receive the sentence there are then.

    The barrister could not properly advise on which option to go for. He phoned the solicitor to see as he could not understand why Judge gave opt 1. (Hence I know solicitor wasn't at court).

    Barrister also advised he hadn't been briefed.

    Brother opted for option 1 - and subsequently barrister asked what actions had been taken by brother to make amends to victim & business. (Letter of apology, compensation, repayment of property). This was never even brought up by solicitor at any point - barrister was surprised and said that would be standard in cases like this.


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