Criminal Justice Act 2007

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Amendment of Criminal Justice (Legal Aid) Act 1962.

27.— The Criminal Justice (Legal Aid) Act 1962 is amended—

(a) by the insertion of the following sections after section 6:

“Legal aid (monitoring order) certificate.

6A.— (1) Where—

(a) a monitoring order has been made in relation to a person, and

(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (monitoring order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26 (8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (monitoring order) certificate shall be granted in relation to a person in respect of whom a monitoring order has been made if (but only if)—

(a) application is made therefor,

(b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.

(3) In this section ‘monitoring order’ has the meaning it has in section 26 of the Criminal Justice Act 2007.

Legal aid (protection of persons order) certificate.

6B.— (1) Where—

(a) a protection of persons order has been made in relation to a person, and

(b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (protection of persons order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26 (8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (protection of persons order) certificate shall be granted in respect of a person in relation to whom a protection of persons order has been made if (but only if)—

(a) application is made therefor,

(b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.

(3) In this section ‘ protection of persons order ’ has the meaning it has in section 26 of the Criminal Justice Act 2007.”,

(b) in section 7, by the addition of the following subsection:

“(3) Where a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s application to vary or revoke the monitoring order or the protection of persons order to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.”,

and

(c) in section 9(2), by the substitution of “, a legal aid (Supreme Court) certificate, a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate” for “or a legal aid (Supreme Court) certificate”.