High Court strikes down restriction of legal aid payments to solicitor representing co-accused
Reading time: 1 minute
The High Court has struck down rules which mean a solicitor can receive no additional payment for representing more than one of multiple co-accused persons, The Irish Times reports.
Ms Justice Marie Baker found that the effect of article 3.1.g of the Criminal Justice (Legal Aid) (Amendment) Regulations 1978 was to deny an accused the right to legal aid in respect of a solicitor of their choice when that solicitor represents a co-accused.
This, she found, amounted to the deprivation of an accused’s rights under the Constitution and the Criminal Justice Legal Aid Act 1962.
Solicitor John Shanley was asked to represent three co-accused persons in a trial before Galway Circuit Criminal Court, but was told he would receive just one legal aid payment for representing all three.
The Legal Aid Board said this was because the three matters were being heard together.
Mr Shanley agreed to represent one of the three and the other two launched High Court proceedings challenging the relevant regulations.
Share this article:
Subscribe to our newsletter to not miss articles like this one:
SUBSCRIBE
