Criminal legal aid

If you are accused of a crime and cannot afford legal representation, you can apply to get criminal legal aid from the State.

You have a constitutional right to legal advice in criminal cases, including the right to legal representation where you cannot afford to pay for it. The main legal aid available to someone accused of a crime is the legal aid provided under the Criminal Justice (Legal Aid) Act 1962.

Legal aid certificate

If a judge grants you criminal legal aid, you will be issued a legal aid certificate to cover any costs associated with preparing your defence and going to court.

If you are not granted a legal aid certificate, you may be able to get free legal representation through another scheme (see ‘Other legal aid schemes’ below).

Proposed changes to criminal legal aid

The Department of Justice has proposed reforms for criminal legal aid under the General Scheme of the Criminal Justice (Legal Aid) Bill 2023 (pdf). This page will be updated as more information becomes available.

Criminal legal aid and civil legal aid are separate services.

Criminal legal aid is:

• For criminal offences, like murder, rape, theft, or serious road traffic offences
• Granted by the courts
• Free, and paid for by the State

Civil legal aid is:

• For civil matters, like claims for damages or family disputes
• Provided by the Legal Aid Board
• Not free and requires minimum contributions, except in certain circumstances

Criminal legal aid covers any fees, costs or expenses for preparing and conducting your defence. This includes the fees of a solicitor and, in certain circumstances, up to 2 counsel or barristers.

Criminal legal aid can also cover the cost of going to trial, appealing a conviction, or getting a case stated (where the judge refers a question of law to a higher court).

If your solicitor or barrister thinks the services of non-legal professionals or experts are necessary to help prepare your defence, legal aid also covers these fees.

Examples of non-legal professionals or experts include:

• Doctors
• Psychiatrists
• Engineers
• Forensic scientists
• Language experts

You can read more about the different types of criminal legal aid certificates.

You can apply for legal aid in person on the day you attend court, or by writing to the Court Registrar. Criminal cases start in either the District Court or in some cases, the Special Criminal Court.

If you have been accused of a crime and attend court without legal representation, the court should make you aware that you may be entitled to criminal legal aid.

If you already have a solicitor, they can apply on your behalf, but they must be on the Criminal Legal Aid Panel to be covered by the scheme (see ‘Can I choose my solicitor?’ below).

Telling the court about your means

You will need to explain your financial situation to the judge so they can assess your means.

You may be asked to complete a statement of means that sets out your income, family circumstances and other relevant details. The District Court clerk at the District Court offices can give you this form.

If you are a young person, the court will look at the means of your parents or guardian to see if they can afford to pay for legal advice.

The judge may ask the prosecuting Garda if the Gardaí object to legal aid being granted. They rarely object unless they have proof that you are being untruthful to the court about your means.

Fales statements to the court

When applying for legal aid, it is an offence for you to knowingly:

• Make a false statement or representation to the judge, either verbally or in writing
• Conceal any important fact from the judge

If you are found guilty of this offence, you could be fined €2,500 (a class C fine) or be sent to prison for up to 6 months (or both).

For example, if you tell a judge that you are unemployed and you are then given legal aid, but it transpires that you were employed at the time, you are guilty of an offence.

If you have a query about the granting of criminal legal aid, you should contact the Court Clerk or Court Registrar for the court you are appearing in.

There are no eligibility guidelines for criminal legal aid. Instead, the judge must decide if you qualify.

When deciding if you qualify, the judge considers:

• Whether you can afford to pay for your own legal advice
• How serious the charge is

If you have been charged with murder, or if your appeal is from the Court of Criminal Appeal to the Supreme Court, the judge only considers whether you can afford to pay for your own legal advice.

If the charge is not serious, the judge may still grant legal aid in exceptional circumstances. This includes circumstances where you:

• Are very ill
• Are immature
• Lack any formal education
• Are emotionally disturbed or lack the mental capacity to understand the process of the court case

Does legal aid carry across all courts?

Legal aid granted in a court applies only to matters that concern that court. For example, legal aid granted in the District Court only covers District Court proceedings.

If the District Court sends your case to a higher court to be dealt with and you were already granted free legal aid, you will need to make a new application for legal aid to the higher court.

A higher court is unlikely to refuse to grant a legal aid certificate if the District Court granted you one for the same matter.

Can I choose my solicitor?

If you are granted criminal legal aid, you are assigned a solicitor from the criminal legal aid panel.

If you tell the court that you wish to be represented by a particular solicitor, the judge will assign that person to you so long as they are on the legal aid panel and are available.

If the judge refuses to assign your nominated solicitor, they must give a reason why and they should ask if you wish to nominate a different solicitor.

Criminal legal aid panel

Solicitors and barristers are not legally obligated to take part in the criminal legal aid scheme. The legal aid panel includes solicitors and barristers who are willing to take part in the scheme.

The Courts Service maintains a list of solicitors included in the scheme. The Bar Council nominates barristers who are willing to take part in the scheme.

Criminal legal aid is normally not granted in the following circumstances:

• Where the judge decides that the charge is not serious enough (for example, minor offences)
• Where the judge decides that you can afford to pay for your own legal advice
• Extradition proceedings
• Most judicial review proceedings

If you are not granted criminal legal aid, you may in some cases be able to apply for free legal representation under another scheme (see ‘Other legal aid schemes’ below).

You cannot appeal if you are refused criminal legal aid.

However, if the matter is sent forward for hearing to a higher court, you can make a new application in the higher court. The judge will consider the application in the same way as your original application (see ‘Do I qualify for criminal legal aid?’ above).

If you were not granted criminal legal aid, you may be able to get free legal representation under another scheme.

These other schemes are administered by the Legal Aid Board.

Legal Aid – Custody Issues Scheme

The Legal Aid – Custody Issues Scheme covers fees for a solicitor and barrister to represent you in certain criminal matters if you cannot afford to pay the fees yourself.

The scheme covers:

• Applications for bail in the High Court, Court of Appeal or the Supreme Court
• Judicial review proceedings about criminal matters or matters where the liberty of the person is at issue
• Applications under the Extradition Act 1965 and the European Arrest Warrant Act 2003
• Habeas Corpus applications (where a person claims that they are being unlawfully detained by the State)

To qualify for the scheme, you must demonstrate to the court that you cannot afford legal representation, and the court must recommend your case to the Legal Aid Board for the scheme.

The scheme is not an alternative to costs, so you or your legal representative must apply to the court at the start of the proceedings. You should get legal advice to see if you are eligible for the scheme.

You can read more about the Legal Aid – Custody Issues Scheme on the Legal Aid Board website.

Criminal Assets Bureau Ad-Hoc Legal Aid Scheme

The Criminal Assets Bureau Ad-Hoc Legal Aid Scheme provides legal aid if you are a defendant in a court case brought by the Criminal Assets Bureau and cannot afford legal representation.

The scheme covers:

• Court proceedings under the Proceeds of Crime Act 1996, Revenue Acts or Social Welfare Acts
• Social welfare appeals made to the Circuit Court under Section 307 of the Social Welfare Consolidation Act 2005
• Tax appeals made to the Circuit Court under the Taxes Acts where the Criminal Assets Bureau is the respondent
• Applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act 1994

To qualify for the scheme, you must demonstrate to the court that you cannot afford legal representation. If the court grants the scheme, they will make an order.

The scheme is not an alternative to costs, so you or your legal representative must apply to the court at the start of the proceedings. You should get legal advice to see if you are eligible for the scheme.

You can read more about the Criminal Assets Bureau Ad-Hoc Legal Aid Scheme on the Legal Aid Board’s website.

Garda Station Legal Advice Revised Scheme

If you have been detained in a Garda station, you may be able to get free legal advice under the Garda Station Legal Advice Revised Scheme.

You should contact the relevant Court Clerk or Court Registrar for any queries about the granting of criminal legal aid.