CRIMINAL LEGAL AID can be withdrawn or cut from applicants as part of a ream of reforms published today by Minister for Justice Helen McEntee and Minister of State for Law Reform James Browne.

The move aims to increase oversight of the scheme and reduce the amount paid by the government in cases where individuals are able to contribute to their own legal costs.

Criminal Legal Aid expenditure amounted to €81.2 million in 2022.

Currently, it is largely at the discretion of the judge to grant legal aid to the accused.

The new legislation will introduce a written or online application system for the accused, which will require a supporting statement of financial circumstances.

Some applications may be subject to further assessment by the Legal Aid Board, which has had its remit extended.

The court may also refer a person to the Board for an assessment of income if they fail or refuse to provide information on their financial means.

Anyone who knowingly or recklessly makes false or misleading statements in relation to their financial circumstances, or another person’s financial circumstances, will be guilty of an offence that could lead to a €4,000 fine or six month’s imprisonment.

It will still be open to the court to amend the terms on which legal aid is granted, for example on objection by the prosecution, or where the person in receipt of legal aid has not co-operated with the court or with the Board.

On the whole, the new legislation will formalise existing procedures and strengthen controls “where that is warranted”, the Department of Justice has said.

The budget and all administration of the criminal legal aid scheme will be transferred to the Board from the Department, which until now has been responsible for it. 

Minister McEntee said: “Access to legal representation is fundamental to ensuring fair access to justice and it is important that our legal aid architecture is appropriate and efficient.

“But it is also important that proper assessments are carried out when deciding if a person can qualify for Criminal Legal Aid.

“That’s why this new legislation will allow the courts, where the courts might consider it warranted, to refer an applicant to the Legal Aid Board for an assessment of their financial circumstances to be carried out under regulations to be drawn up under the terms of the Bill.”

Legal advice for victims

The General Scheme of the Criminal Justice (Legal Aid) Bill 2023 also seeks to deliver on one of the reforms in Minister McEntee’s ‘Supporting a Victim’s Journey’ plan to make the criminal justice system more victim centred by extending the type of assistance the Legal Aid Board can provide.

Under the new legislation, it will be able to provide legal advice to a victim at any time after an offence, even where it is decided not to make a complaint or proceed with a prosecution, for offences including rape, sexual assault and sexual abuse of minors and people with mental illness or intellectual disability.

It will also allow for legal advice to be granted to a parent, guardian or other responsible adult in certain cases. This would not apply if the parent or other responsible adult is the suspected or alleged offender.

Minister McEntee added: “Free legal advice is available to victims in cases involving sexual offences, and not just in cases where a decision has been taken to prosecute.

“This will be an important element of ensuring victims of some of the most sensitive and psychologically damaging crimes are better supported at every step in their journey through the criminal justice system.”