Civil Legal Aid Act, 1995
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Criteria for obtaining legal advice. |
26.—(1) Subject to sections 24 and 29 and to the other provisions of this section and to regulations (if any) made under section 37 , the Board shall grant legal advice under this section to an applicant if, in the opinion of the Board, the applicant satisfies the criteria in respect of financial eligibility specified in section 29 and in such regulations (if any) as aforesaid. | |
(2) Subject to subsection (3), a person shall not qualify for legal advice in respect of— | ||
(a) a criminal law matter unless the advice sought concerns the procedure by which legal aid may be obtained under the Criminal Justice (Legal Aid) Act, 1962 , in which case he or she shall qualify for such legal advice free of any contribution; | ||
(b) the matters referred to in section 28 (9) (a); | ||
(c) a matter concerning which the Board considers it would be possible for the person, without hardship, to obtain the appropriate advice without obtaining legal advice under this Act. | ||
(3) Notwithstanding subsection (2) (and subject to the other provisions of this Act)— | ||
(a) a person shall qualify for legal advice in respect of a conveyancing matter connected to a matter in which legal aid or advice has already been given, and | ||
(b) a complainant in a prosecution for the offence of rape under the common law or under section 2 of the Criminal Law (Rape) Act, 1981 or of aggravated sexual assault under section 3 or of rape under section 4 of the Criminal Law (Rape) (Amendment) Act, 1990 , or of unlawful carnal knowledge under section 1 or 2 of the Criminal Law Amendment Act, 1935 , or of incest under section 1 or 2 of the Punishment of Incest Act, 1908 , shall qualify for legal advice free of any contribution. | ||
(4) Where a person would qualify for legal advice, but for the fact that the advice sought concerns the application of the law of another State, such person shall be entitled to obtain such guidance or assistance in relation to the matter as the Board deems appropriate. | ||
(5) Where a person obtains legal advice and subsequently obtains legal aid in connection with the same matter, the legal services provided will be deemed to be legal aid and all the conditions applying to legal aid, including the level of any contributions payable under section 29 by a person in receipt of legal aid, will apply, save that the level of any such contribution shall be reduced by any amount previously paid for legal advice in connection with such matter. | ||
(6) The Board may require a person to whom it is granting legal advice to comply with such requirements as it reasonably considers expedient to enable it to satisfy itself that it is reasonable for the person to continue to receive legal advice. | ||
(7) The Board may cease to grant legal advice under this section to a person where it considers that it is no longer reasonable for the person to continue to receive it and, in particular, where the person no longer satisfies the requirements in respect of financial eligibility specified in section 29 and in regulations under section 37 . |