Criminal Justice Act 2006

New section 257G in Act of 2001.

165.— The following section is inserted in the Act of 2001 after section 257F:

“Legal aid.

257G.—(1) Subject to subsection (2), a child who is the subject of an application for a behaviour order may be granted a certificate for free legal aid (in this Part referred to as a “legal aid (behaviour order) certificate”) in preparation for and representation at the hearing of—

(a) the application,

(b) any application by the child or his or her parents or guardian to vary or discharge a behaviour order,

(c) any appeal by the child against the making of the behaviour order, or

(d) any proceedings in the High Court or Supreme Court arising out of the making of the application, the appeal or any subsequent proceedings.

(2) A legal aid (behaviour order) certificate may not be granted under subsection (1) unless it appears to the court hearing the application for the certificate—

(a) that the means of the child concerned or of his or her parents or guardian are insufficient to enable him or her to obtain legal aid, and

(b) that, by reason of the gravity of the alleged anti-social behaviour or of exceptional circumstances, it is essential in the interests of justice that the child should have legal aid in preparation for and representation at the hearing concerned.

(3) A child who is granted a legal aid (behaviour order) certificate is entitled—

(a) to free legal aid in preparation for and representation at the hearing of the application for a behaviour order and any proceedings referred to in subsection (1)(b), (c) and (d), and

(b) to have, in such manner as may be prescribed—

(i) a solicitor assigned to the child in relation to the application for the behaviour order or any application to vary or discharge it,

(ii) a solicitor assigned to the child in relation to any other such proceedings, and

(iii) if the court granting the certificate considers it appropriate, a counsel assigned to the child in relation to any other proceedings referred to in subparagraph (ii).

(4) Where a legal aid (behaviour order) certificate is granted, any fees, costs or other expenses properly incurred in preparation for and representation at the proceedings concerned shall, subject to regulations under section 257H, be paid out of moneys provided by the Oireachtas.

(5) A child applying for a legal aid (behaviour order) certificate may be required by the court granting the certificate to furnish a written statement of his or her means and the means of his or her parents or guardian.

(6) A person who, for the purpose of obtaining free legal aid under this section, whether for himself or herself or for some other person, knowingly makes a false or misleading statement or representation either orally or in writing, or knowingly conceals any material fact, is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

(7) On conviction of a person for an offence under this section, the court by which the person is convicted may, if in the circumstances of the case it thinks fit, order the person to pay to the Minister the whole or part of any sum paid under subsection (4) in respect of the free legal aid in relation to which the offence was committed, and any sum so paid to the Minister shall be paid into and disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.”.