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Is This Even Legal? Covid Regulation Breaches

  • 07-01-2022 2:04pm
    #1
    Registered Users Posts: 154 ✭✭


    Just something that caught my eye while browsing some articles this morning was that a judge was refusing defendants right to free legal aid in cases of Covid regulation breaches and it just didn't smell right to me.


    Yes, I know many people will have views on free legal aid in general but I'm more interested in figuring out what/if there is a legal exemption in these cases or whether its yet another power grab by state officials? What differentiates an unpaid speeding ticket from an unpaid Covid breach legally? And what/ if any authority does a Judge have in refusing a fundamental right like this in these kind of cases? Other than her own opinion that its cost the state too much money.



Comments

  • Posts: 0 [Deleted User]


    We now exist in the dual state..



  • Registered Users Posts: 81,112 ✭✭✭✭Atlantic Dawn
    M


    I never knew you could get free legal aid for small fine offences was shocked when I seen it mentioned. I always thought it was only for assualt, theft and kidnapping etc that it could be applied for. Legal system is a joke.



  • Registered Users Posts: 31,008 ✭✭✭✭Lumen


    Sounds like a question for the Legal forum.



  • Registered Users Posts: 5,405 ✭✭✭CalamariFritti


    I've no real legal knowledge but I dont think you get free legal aid for challenging a speeding fine either. Covid breaches arent really crimes but something like a misdemeanour I think.

    In articles about court cases I've read phrases like 'judge soandso granted free legal aid'. Implying it may not be granted automatically.



  • Registered Users Posts: 13,802 ✭✭✭✭Potential-Monke


    It is usually granted automatically on grounds of what other benefits one may be getting, ie: someone on the dole wouldn't be able to afford a solicitor so they would have grounds to apply, and it's usually granted. But I do believe it's up to the Judge at the end of the day iirc, and refusal requires a separate appeal if you still want it, which could delay the main case.

    Tbh, more judges should be doing it. The gravy train is starting to slow down hopefully, but I doubt it. Most likely it's just slowing down to let people think they have a chance of jumping on it before taking off again, laughing.



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