Garda Station Legal Advice Revised Scheme
Introduction
Under the Garda Station Legal Advice Revised Scheme, free legal advice can be provided to people detained under certain legislation in Garda stations, providing they satisfy a means test.
Rules
The Garda Station Legal Advice Revised Scheme applies to those detained in a Garda station under investigation for certain offences. You must be legally entitled to consult a solicitor and you must be unable to pay for the consultation yourself.
The scheme applies if you are detained under:
- Offences under Section 30 of the Offences Against the State Act 1939 as amended
- Offences under Section 4 of the Criminal Justice Act 1984 as amended
- Offences under Section 2 of the Criminal Justice (Drug Trafficking) Act 1996 as amended
- Offences under Section 50 of the Criminal Justice Act 2007 as amended
Those detained under Sections 16 and 17 of the Criminal Procedures Act 2010 or Section 42 of the Criminal Justice Act 1999 can also apply for legal advice under the scheme as if detained under Section 4 of the Criminal Justice Act 1984.
Under the scheme, fees are paid to a solicitor for:
- Telephone and in-station consultations
- Attendance of the solicitor at a formal interview between the Gardaí and the detainee
- Attendance of the solicitor at an identity parade
The number of consultations the scheme will cover you for depends on the legislation you are detained under.
Extension hearings
If the Gardaí apply to extend the time limit for holding a suspect, the scheme also covers payments to a solicitor who attends an extension hearing held in the District Court.
Means Test
When you apply for the scheme, you will have to complete a statement of means. The scheme is confined to those who are in receipt of social welfare payments and those whose annual gross earnings are less than €20,316.
How to apply
If you are detained in a Garda station and want to apply for the scheme you should complete form GLAS 2 (pdf). The form is available from:
- Garda stations
- Your solicitor
- The Criminal Legal Aid Section of the Legal Aid Board
Your solicitor submits his/her claim for fees at the end of the detention period to the Legal Aid Board.
Further information on the scheme is available on the Legal Aid Board's website.