Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 31st October, 2014.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 10 (1)(a) of the Criminal Justice (Legal Aid) Act 1962 (No. 12 of 1962) (adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster) Order 2011 ( S.I. No. 138 of 2011 )), hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Legal Aid) (Amendment) Regulations 2014.

2. The First Schedule to the Criminal Justice (Legal Aid) Regulations 1965 ( S.I. No. 12 of 1965 ) is amended by the insertion of the forms set out in the Schedule.

SCHEDULE

FORM K (i)

LEGAL AID (CASE STATED APPEAL) CERTIFICATE (GRANTED BY THE HIGH COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUDGE OF THE DISTRICT COURT)

High Court

Application having been made by or on behalf of .............. ............................................ who was charged before the District Court with the offence of ................................................................................................................... for a Legal Aid (Case Stated Appeal) Certificate in connection with an appeal from a determination of this Court on a case stated by the Judge of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) ....................................................................................... it is essential in the interests of justice that a Legal Aid (Case Stated Appeal) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor ...............................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM K (ii)

LEGAL AID (CASE STATED APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUDGE OF THE DISTRICT COURT)

Court of Appeal

Application having been made by or on behalf of .............. ............................................ who was charged before the District Court with the offence of ........................................................................................................... for a Legal Aid (Case Stated Appeal) Certificate in connection with an appeal from a determination of the High Court on a case stated by the Judge of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and the High Court having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) .............. it is essential in the interests of justice that a Legal Aid (Case Stated Appeal) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor....................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM L (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL FROM THE CENTRAL CRIMINAL COURT TO THE SUPREME COURT)

Central Criminal Court

Application having been made by or on behalf of .......................................................... who has appealed from a determination of this Court in relation to the offence of .............. for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor ..............

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM L (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL FROM THE CENTRAL CRIMINAL COURT TO THE SUPREME COURT)

Supreme Court

Application having been made by or on behalf of .......................................................... who has appealed from a determination of the Central Criminal Court in relation to the offence of .............. for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor............................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM M (i)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY THE CIRCUIT COURT IN RESPECT OF CASE STATED BY CIRCUIT COURT FOR OPINION OF THE COURT OF APPEAL)

....................................Circuit

County of...............................

Application having been made by or on behalf of .............. [charged before this Court with the offence of ......................................................................] [who has appealed to this Court against a conviction by the District Court of an offence of ........................................................................................................] for a Legal Aid (Case Stated) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)................................................................................................................. it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor..............................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM M (ii)

LEGAL AID (CASE STATED) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF CASE STATED BY THE CIRCUIT COURT FOR OPINION OF THE COURT OF APPEAL)

Court of Appeal

Application having been made to this Court by or on behalf of........................................................................................................................................... [charged before the District Court with the offence of............................................................................................] [who has appealed to the Circuit Court against a conviction by the District Court of an offence of..................................................................by the District Court] for a Legal Aid (Case Stated) Certificate, and the Circuit Court having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)..................................................................................................... it is essential in the interests of justice that a Legal Aid (Case Stated) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor......................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM N (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL FROM THE COURT OF APPEAL TO THE SUPREME COURT)

Court of Appeal

Application having been made by or on behalf of .......................................................... who has appealed from a determination of this Court in relation to the offence of .............. for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor.........................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM N (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL FROM THE COURT OF APPEAL TO THE SUPREME COURT)

Supreme Court

Application having been made by or on behalf of .......................................................... who has appealed from a determination of the Court of Appeal in relation to the offence of .............. for a Legal Aid (Supreme Court) Certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor...................................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM O (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON A CASE STATED BY CIRCUIT COURT)

Court of Appeal

Application having been made by or on behalf of .......................................................... who was charged before the District Court with the offence of........................................................................for a Legal Aid (Supreme Court) Certificate in connection with a determination of this Court on a case stated by the Circuit Court, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)........................................................................ it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor....................................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM O (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON A CASE STATED BY THE CIRCUIT COURT)

Supreme Court

Application having been made by or on behalf of .......................................................... who was charged before the District Court with the offence of.............. for a Legal Aid (Supreme Court) Certificate in connection with a determination of the Court of Appeal on a case stated by the Circuit Court, and the Court of Appeal having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) .............. it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor.................................................................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM P (i)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

Court of Appeal

Application having been made by or on behalf of .......................................................... who was charged before the District Court with the offence of....................................................................... for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of this Court on appeal from a determination of the High Court on a case stated by the Justice of the District Court in relation to the proceedings in regard to the offence [in relation to a question of law arising in the proceedings] and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a)............................................................. it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor...................................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM P (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT FROM A DETERMINATION OF THE COURT OF APPEAL ON APPEAL FROM A DETERMINATION OF THE HIGH COURT ON A CASE STATED BY A JUSTICE OF THE DISTRICT COURT)

Supreme Court

Application having been made by or on behalf of .......................................................... who was charged before the District Court with the offence of.......................................................................................................................... for a Legal Aid (Supreme Court) Certificate in connection with an appeal from a determination of the Court of Appeal on appeal from a determination of the High Court on a case stated by the Justice of the District Court in relation to the proceedings in the District Court [in relation to a question of law arising in the proceedings in the District Court] and the Court of Appeal having refused to grant such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) ......................................................................... it is essential in the interests of justice that a Legal Aid (Supreme Court) Certificate should be granted in respect of him or her, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor.............................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence with which he or she is charged,

(2) exceptional circumstances, or

(3) the serious nature of the offence with which he or she is charged and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM Q (i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CIRCUIT COURT OR THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

[....................................... Circuit

County of....................................]

[Central Criminal Court]

Application having been made to this Court by or on behalf of ..........................................................who has been convicted of the offence of....................................................................................................... for a Legal Aid (Appeal) Certificate, and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a).................................................................................... it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor....................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

[Judge of the Circuit Court assigned to the said Circuit]

[Judge of the High Court]

(a) State whether the reason is-

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM Q (ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of .......................................................... who has been convicted by the [Circuit Court] [Central Criminal Court] of the offence of .............. for a legal aid certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) .............. it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor...................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM Q (iii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE CENTRAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS OF MURDER)

Central Criminal Court

Application having been made by or on behalf of .......................................................... who has been convicted of .............. by this Court, for a Legal Aid (Appeal) Certificate and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor..........................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

Judge of the High Court

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM Q (iv)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of .......................................................... who has been convicted by the Central Criminal Court of the offence of .............. for a Legal Aid (Appeal) Certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor..................................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM R (i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE SPECIAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Special Criminal Court

Application having been made to this Court by or on behalf of ......................................................... who has been convicted of the offence of......................................................................................................................... for a Legal Aid (Appeal) Certificate, and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a).............., it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor ..............

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

Judge of the Special Criminal Court

(a) State whether the reason is-

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

FORM R (ii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM THE SPECIAL CRIMINAL COURT WHERE THE CONVICTION IS ONE OTHER THAN OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of ................................................................... who has been convicted by the Special Criminal Court of the offence of ................................................................... for a legal aid certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid and that, by reason of (a) .............. it is essential in the interests of justice that he or she should have legal aid in the preparation and conduct of an appeal, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor.............................................................................................................

(b) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) State whether the reason is-

(1) the serious nature of the offence,

(2) exceptional circumstances, or

(3) the serious nature of the offence and exceptional circumstances.

(b) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM R (iii)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE SPECIAL CRIMINAL COURT IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE THE CONVICTION IS OF MURDER)

Special Criminal Court

Application having been made by or on behalf of .............. by this Court, for a Legal Aid (Appeal) Certificate and it appearing to me, the Judge of the Court before which he or she was tried, that his or her means are insufficient to enable him or her to obtain legal aid, I hereby grant in respect of him or her this certificate for free legal aid and assign to him or her as solicitor ..............

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

Judge of the Special Criminal Court

(a) delete unless the Court thinks fit that two counsel should be assigned.

FORM R (iv)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL FROM THE SPECIAL CRIMINAL COURT WHERE THE CONVICTION IS OF MURDER)

Court of Appeal

Application having been made to this Court by or on behalf of........................................................................................................ who has been convicted by the Special Criminal Court of the offence of .............. for a Legal Aid (Appeal) Certificate and the Judge of that Court having refused such certificate, and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor...................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM S (i)

LEGAL AID (APPEAL) CERTIFICATE (GRANTED BY THE COURT OF APPEAL IN RESPECT OF AN APPEAL TO THE COURT OF APPEAL WHERE A PERSON TRIED ON INDICTMENT IS ACQUITTED)

Court of Appeal

Application having been made to this Court by or on behalf of...................................................................................................who has been acquitted of..............................................................................for a legal aid (appeal) certificate and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor.............................................................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

FORM S (ii)

LEGAL AID (SUPREME COURT) CERTIFICATE (GRANTED BY THE SUPREME COURT IN RESPECT OF AN APPEAL TO THE SUPREME COURT WHERE A PERSON TRIED ON INDICTMENT IN THE CENTRAL CRIMINAL COURT IS ACQUITTED)

Supreme Court

Application having been made to this Court by or on behalf of...................................................................................................who has been acquitted of..............................................................................for a legal aid (Supreme Court) certificate and it appearing to the Court that his or her means are insufficient to enable him or her to obtain legal aid, the Court hereby grants in respect of him or her this certificate for free legal aid and assigns to him or her as solicitor.............................................................................................................

(a) The Court directs in addition the assignment of two counsel.

Dated this day of 20

(a) delete unless the Court thinks fit that two counsel should be assigned.

Registrar

GIVEN under my Official Seal,

29 October 2014.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the new forms for a certificate for free legal aid required following the establishment of the Court of Appeal.