Policing, Security and Community Safety Act 2024
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Legal aid for members of An Garda Síochána | ||
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102. (1) The Garda Commissioner may contribute to the legal costs of a member of An Garda Síochána who is charged with a criminal offence where— | ||
(a) any of the acts that are alleged to constitute the offence were directly related to the performance of the member’s functions, | ||
(b) the Garda Commissioner is of the opinion that the financial circumstances of the member are such that those costs would result in undue hardship, and | ||
(c) subject to subsection (2), the contribution does not exceed the sum that would be payable if a legal aid certificate were granted in respect of the applicable court proceedings. | ||
(2) Where a member of An Garda Síochána is charged with a criminal offence on foot of a private prosecution, the Garda Commissioner may make a contribution not exceeding the legal costs incurred by the member notwithstanding that the amount of the contribution may exceed the sum payable if a legal aid certificate were granted in respect of the applicable court proceedings. | ||
(3) For the purposes of subsections (1) and (2), where the member charged with a criminal offence is the Garda Commissioner, then references to the Garda Commissioner in those subsections shall be construed as references to the Board. | ||
(4) In this section— | ||
“legal aid certificate” has the same meaning as it has in section 9 (2) of the Criminal Justice (Legal Aid) Act 1962 ; | ||
“legal costs” means any fees, costs or other expenses properly incurred by a member of An Garda Síochána in preparing and conducting— | ||
(a) the member’s defence to the offence charged, and | ||
(b) where applicable, the member’s appeal or case stated in relation to that offence; | ||
“private prosecution” means a prosecution instituted by a common informer under the common law. |