If you are accused of a criminal offence and cannot afford to pay for a solicitor, you may be able to get criminal legal aid.
Criminal legal aid is free. If it is granted, it covers the cost of legal representation for the proceedings covered by your legal aid certificate.
The court dealing with your case decides whether criminal legal aid is granted.
Who is responsible for criminal legal aid?
The courts decide whether criminal legal aid is granted and assign legal representatives.
The Department of Justice, Home Affairs and Migration is responsible for the main Criminal Legal Aid Scheme and processes payments to solicitors and barristers.
The Legal Aid Board administers three separate schemes: the Garda Station Legal Advice Revised Scheme, the Legal Aid – Custody Issues Scheme and the Criminal Assets Bureau Ad-hoc Legal Aid Scheme.
Who can get criminal legal aid
You may be able to get criminal legal aid if you are accused of a criminal offence and cannot afford to pay for a solicitor yourself.
When deciding whether to grant criminal legal aid, the court considers:
- whether your means are insufficient to pay for legal representation yourself
- the seriousness of the charge against you
- whether there are exceptional circumstances in your case
- whether it is essential, in the interests of justice, that you have legal aid
The judge dealing with your case decides whether legal aid is granted.
There is no fixed income limit
There is no fixed income limit for criminal legal aid. The judge considers your individual financial circumstances and decides whether you can afford to pay for legal representation yourself.
What criminal legal aid covers
If criminal legal aid is granted, it covers the legal representation provided for the proceedings covered by your legal aid certificate.
Depending on the type of case, this can include:
- a solicitor and, in certain circumstances, up to two barristers (counsel)
- legal representation for your trial and, where the relevant legal aid is granted, an appeal
- approved expert witness expenses where an expert is required for your defence, such as a doctor, engineer or forensic expert
How to apply
You apply for criminal legal aid to the court dealing with your case.
You can apply:
- yourself, when your case comes before the court
- through your solicitor or legal representative, if you already have one
- by writing to the registrar of the court dealing with your case
If you appear in court without a solicitor, the court should tell you about your possible right to criminal legal aid.
If you need information about making an application, contact the court office dealing with your case.
Courts Service staff can explain court procedures but cannot give you legal advice.
Information about your financial circumstances
To get criminal legal aid, you must satisfy the court that you do not have sufficient means to pay for legal representation yourself.
The court may ask you to provide information about your financial circumstances.
Statement of Means
You may be asked to complete a Statement of Means.
This form tells the court about your financial circumstances and helps the judge decide whether you can afford to pay for legal representation.
It asks for information about your:
- occupation and income
- rent or other housing costs
- financial dependants
- savings or other money available to you
- other assets that may be available to you
Statement of Means for an applicant for free legal aid in a criminal case
Give accurate information
You must give true and accurate information about your finances. It is an offence to knowingly make a false statement or hide an important fact in order to get criminal legal aid.
What happens after you apply
The judge considers your financial circumstances, the seriousness of the charge, any exceptional circumstances and whether legal aid is essential in the interests of justice.
The judge then grants or refuses legal aid.
If your application is successful, the court issues the appropriate legal aid certificate.
You do not need to work out which type of certificate applies. The type depends on the court, the proceedings involved and the stage your case has reached.
A legal aid certificate applies to the proceedings covered by that certificate. If your case moves to another court or you appeal a decision, a different legal aid certificate may be needed.
Your solicitor or the relevant court office can explain what applies in your case.
Choosing a solicitor
Solicitors who undertake work under the Criminal Legal Aid Scheme are included on the Criminal Legal Aid Panel.
If there is a particular solicitor on the panel who you would like to represent you, you can tell the court.
The court takes your preference into account when assigning a solicitor.
If you do not nominate a solicitor, the court can assign a solicitor from the Criminal Legal Aid Panel.
If criminal legal aid is refused
If the District Court refuses criminal legal aid for proceedings before the District Court, that decision cannot be appealed.
Different arrangements apply if your case moves to another court or if you are applying for legal aid for an appeal or other proceedings.
In some circumstances, you may be able to make a separate application to the court dealing with those proceedings.
If you have a solicitor, they can advise you about the legal aid application that applies to your case.
You can also contact the relevant court office for information about court procedures.
Legal advice in a Garda station
If you are detained in a Garda station, you may be able to get legal advice from a solicitor under the Garda Station Legal Advice Revised Scheme.
In certain circumstances, the scheme can also cover a solicitor attending a Garda interview or identification parade.
Financial eligibility rules apply.
This scheme is administered by the Legal Aid Board and is separate from the main Criminal Legal Aid Scheme dealt with by the courts.
Find out about the Garda Station Legal Advice Revised Scheme
Other criminal legal aid schemes
Some criminal and related matters are covered by separate schemes administered by the Legal Aid Board rather than by the main Criminal Legal Aid Scheme.
Legal Aid – Custody Issues Scheme
The Legal Aid – Custody Issues Scheme provides legal representation in certain proceedings that are not covered by the main Criminal Legal Aid Scheme or Civil Legal Aid.
This can include certain:
- extradition proceedings
- European Arrest Warrant proceedings
- High Court bail applications
- bail appeals to the Court of Appeal
- habeas corpus applications
- judicial review proceedings
Eligibility rules apply.
Find out about the Legal Aid – Custody Issues Scheme
Criminal Assets Bureau (CAB) Ad-hoc Legal Aid Scheme
The Criminal Assets Bureau (CAB) Ad-hoc Legal Aid Scheme provides legal representation in certain proceedings involving the Criminal Assets Bureau that are not covered by the main Criminal Legal Aid Scheme or Civil Legal Aid.
This can include certain:
- proceeds of crime proceedings
- tax appeals
- social welfare proceedings
Eligibility rules apply.
Find out about the Criminal Assets Bureau Ad-hoc Legal Aid Scheme
Help and contacts
Questions about criminal legal aid for your court case
If your question is about the granting of criminal legal aid in a particular court case, contact the court office dealing with your case.
Garda Station, Custody Issues and CAB schemes
For questions about the Garda Station Legal Advice Revised Scheme, the Legal Aid – Custody Issues Scheme or the CAB Ad-hoc Legal Aid Scheme, contact the Legal Aid Board.
Criminal legal aid schemes administered by the Legal Aid Board
Information for legal professionals
If you are a solicitor or barrister looking for information about the Criminal Legal Aid Panel, applications, fees, payments or practitioner contacts, see our legal aid information for legal professionals.
