Over €9.5m in legal aid paid out in Louth

Over €9.5 million has been paid out to legal representatives in Louth under the Criminal Legal Aid Scheme over the last five years.

The figures released to the Dundalk Democrat by the Department of Justice showed a total of €4,404,143 was paid out at the Circuit Court level in Louth from the years 2018-2022.

Meanwhile, €5,181,096 was paid out to solicitors and barristers at the District Court level in the county during the same period.

Free legal aid can be granted to someone who has been charged with a criminal offence and is due to appear in court, they can apply to the judge for legal aid on the day.

Applicants have to fill in a financial means form and if deemed eligible by the presiding judge will be assigned a solicitor there and then.

A legal aid certificate entitles successful applicants to free legal aid for the fees, costs or expenses to prepare and conduct their defence.

€938,423 was paid out to solicitors and barristers during 2022 relating to defendants before the District Court.

The total amount of money paid last year compares to €1,114,861 in 2021, €995,157 in 2020, €952,761 in 2019 and €1,179,894 in 2018.

At the Circuit Court level €1,012,438 was paid out last year compared to €711,812.06 in 2021, €820,815 in 2020, €951,857 in 2019 and €907,220 in 2018.

Taken together the most expensive year overall was 2018 with €2,087,114 spent, followed by €1,950,861 last year; €1,904,618 in 2019; €1,826,673 in 2021; €1,775,972 in 2020.

The Democrat also sought a general breakdown of what the money was used for, i.e. mileage and subsistence for legal professionals visiting clients, photocopying, translation services, medical reports and technical reports, but was told that:

“Unfortunately it is not possible to provide a breakdown of the specifics of the expenditure as figures are not kept in such a way as to be able to provide such a breakdown.”

Asked to comment on the figures, the Department of Justice said in a statement: 

“The Criminal Justice (Legal Aid) Act 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of people who have insufficient means in criminal proceedings.

“Under the Act, the courts, through the judiciary, are responsible for the granting of legal aid. The Courts are independent in the exercise of their judicial functions subject only to the Constitution and the law.

“In addition, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing, or if they have insufficient means to pay for legal assistance to be given it free when the interests of justice so require.

“In July Minister McEntee published the General Scheme of the Criminal Legal Aid Bill. The key purpose of the Bill will be to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to otherwise update the administration of criminal legal aid. 

“It is not intended, under the Bill, to change the existing grounds determining access to criminal legal aid.”