Courts-Martial (Legal Aid) Regulations 2008
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Courts-Martial (Legal Aid) Regulations 2008.
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paragraphs: In these Regulations—
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paragraphs: A military judge presiding at the Summary Court-Martial shall be the prescribed authority for the purposes of Part III of the Principal Act.
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paragraphs: (1) As soon as may be after the making of these Regulations, the Minister shall compile, in respect of areas determined by the Minister, a list of solicitors who have notified the Minister, in writing, of their willingness to act for persons to whom legal aid certificates are granted in relation to the proceedings to which the certificates relate and the list shall specify those places within the area to which it relates, and the Courts, if any, in and in relation to which the solicitors are willing so to act.
(2) The Minister shall send a copy of the list compiled pursuant to paragraph (1) to—
(a) the registrar of the Supreme Court,
(b) the registrar of the Courts-Martial Appeal Court,
(c) the Director General of the Law Society of Ireland, and
(d) the Court-Martial Administrator.
(3) (a) A solicitor who wishes to have varied the particulars specified in respect of him or her in a list compiled pursuant to paragraph (1) shall notify the Minister in writing.
(b) The Minister shall vary those particulars in accordance with the notification and shall notify the solicitor concerned and the persons specified in paragraph (2), in writing, of the variation.
(4) Where at any time after the compilation of a list pursuant to this Regulation—
(a) the Minister is notified by a solicitor of his or her willingness to act for persons to whom legal aid certificates are granted or of his or her wish to have his or her name deleted from the list,
(b) an order is made removing from or striking off the roll maintained under section 9 of the Solicitors’ Act 1954 (No. 36 of 1954) the name of a solicitor whose name is on the list, or restoring to such roll the name of a solicitor whose name was on the list, or suspending from practice a solicitor whose name is on the list, or
(c) the period of suspension from practice of a solicitor whose name was on the list at the time of the commencement of the suspension has ended,
(5) A solicitor who—
(a) is willing to act for persons to whom legal aid certificates are granted and who wishes to have his or her name included in the list compiled pursuant to this Regulation, or
(b) wishes to have his or her name deleted from such list,
(6) (a) Where the Minister receives notification from a solicitor pursuant to paragraphs (1), (4) or (5), as the case may be, to have his or her name included in or added to the list compiled pursuant to paragraph (1), the Minister shall request the solicitor to furnish a tax clearance certificate to the Minister.
(b) The Minister shall not include in or add to the list the name of the solicitor concerned until a tax clearance certificate has been furnished to the Minister pursuant to a request under subparagraph (a), which certificate has an expiry date that is later than the date on which it is received by the Minister.
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paragraphs: (1) As soon as may be after the making of these Regulations, the Bar Council shall give to the Minister, in writing, the names of the counsel who have notified it of their willingness to act for persons to whom legal aid certificates are granted pursuant to the Principal Act.
(2) The Minister shall keep a list of the names referred to in paragraph (1) and shall send a copy of the list to—
(a) the registrar of the Supreme Court,
(b) the registrar of the Courts-Martial Appeal Court, and
(c) the Court-Martial Administrator.
(3) Where, at any time after the compilation of a list pursuant to this Regulation, the Bar Council is notified by a counsel of his or her willingness to act for persons to whom legal aid certificates have been granted or of his or her wish to have his or her name deleted from the list, the Bar Council shall notify the Minister, in writing, accordingly and the Minister shall amend the list by adding thereto or deleting therefrom, as the case may be, the name of the counsel and the Minister shall notify the persons specified in paragraph (2), in writing, of the amendment.
(4) A counsel who—
(a) is willing to act for persons to whom legal aid certificates are granted and who wishes to have his or her name included in the list kept by the Minister pursuant to this Regulation, or
(b) wishes to have his or her name deleted from such list,
(5) (a) Where the Minister receives notification from the Bar Council pursuant to paragraphs (1), (3) or (4), as the case may be, of the name of counsel for inclusion in or addition to the list compiled pursuant to paragraph (1), the Minister shall request the counsel to furnish a tax clearance certificate to the Minister.
(b) The Minister shall not include in or add to the list the name of the counsel concerned until a tax clearance certificate has been furnished to the Minister pursuant to a request under subparagraph (a) which certificate has an expiry date that is later than the date on which it is received by the Minister.
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paragraphs: (1) The registrar of the Supreme Court, the registrar of the Courts-Martial Appeal Court and the Court-Martial Administrator shall each keep a register of all cases in which application is made to the court of which he or she is registrar or clerk, as the case may be, for a legal aid certificate and shall record therein in respect of each case—
(a) the date of the application,
(b) the name of the applicant,
(c) in general terms, the charge or charges involved and the nature of the proceedings,
(d) the result of the application, and
(e) if the application is granted, the names of the solicitor and of counsel (if any) assigned.
(2) Each officer specified in paragraph (1) shall send to the Secretary General of the Department of Defence, at such times as the Minister may from time to time direct, a copy of the entries in the register kept pursuant to this Regulation.
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paragraphs: (1) Upon the grant of a legal aid certificate, the Summary Court-Martial, the Courts-Martial Appeal Court or the Supreme Court, as the case may be, shall, having taken into consideration the representations (if any) of the person to whom the certificate was granted, assign to the person a solicitor from the list kept pursuant to Regulation 4 to act for the person in the preparation and conduct of the case concerned.
(2) The Summary Court-Martial, the Courts-Martial Appeal Court or the Supreme Court, as the case may be, in granting a legal aid certificate (other than a legal aid (preliminary proceedings) certificate) may, if the person to whom it is granted is charged with an offence for which he or she would be required on conviction to be sentenced to imprisonment for life or the case concerning the person appears to present exceptional difficulty and the Summary Court-Martial, the Courts-Martial Appeal Court or the Supreme Court, as the case may be, is of opinion that the case cannot be conducted adequately without the assistance of 2 counsel, direct that 2 counsel be assigned to the person to act for the person in the preparation and conduct of the person’s case.
(3) Where a legal aid certificate is granted to a person and the certificate entitles the person to have counsel assigned to him or her—
(a) in case the certificate includes a direction under paragraph (2), any 2 counsel whose names are included in the list kept by the Minister pursuant to Regulation 5, and
(b) in any other case, any one counsel whose name is included in such list,
(4) Where 2 or more legal aid certificates are granted to a person and the cases in relation to which they are granted are heard together or in immediate succession, one certificate only shall (unless the Summary Court-Martial, being satisfied that there is good reason for so doing, otherwise directs and the cases are cases to which Regulation 11(2)(a) applies) be deemed, for the purposes of these Regulations, to have been granted to the person.
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paragraphs: Where, in relation to proceedings at any place, no solicitor’s name is on the list kept pursuant to Regulation 4 and a legal aid certificate falls to be granted to a person, the Summary Court-Martial may, having taken into consideration the representations (if any) of the person, request any solicitor to act for the person in the preparation and conduct of the person’s case and, if that solicitor is willing so to act, the Summary Court-Martial may, upon the grant of the certificate, assign that solicitor to the person to act for the person in the preparation and conduct of the person’s case.
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paragraphs: (1) Where a legal aid (case stated) certificate or a legal aid (Courts-Martial Appeal Court) certificate is granted by the Summary Court-Martial, a copy of the certificate shall be sent by the Court-Martial Administrator to the registrar of the Courts-Martial Appeal Court.
(2) Where a legal aid (Supreme Court) certificate is granted by the Courts-Martial Appeal Court, a copy of the certificate shall be sent by the registrar of the Courts-Martial Appeal Court to the registrar of the Supreme Court and to the Court-Martial Administrator.
(3) Where an application by a person pursuant to section 27A(2) (inserted by the Act of 2007) of the Principal Act for a legal aid (case stated) certificate is refused, the Court-Martial Administrator shall notify the registrar of the Courts-Martial Appeal Court of the refusal.
(4) Where an application by a person pursuant to section 28(2) of the Principal Act for a legal aid (Courts-Martial Appeal Court) certificate is refused, the Court-Martial Administrator shall notify the registrar of the Courts-Martial Appeal Court of the refusal.
(5) Where an application by a person pursuant to section 29(2) of the Principal Act for a legal aid (Supreme Court) certificate is refused, the registrar of the Courts-Martial Appeal Court shall notify the registrar of the Supreme Court and the Court-Martial Administrator of the refusal.
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paragraphs: (1) A legal aid certificate shall be in such one of the forms set out in Schedule 1 as may be appropriate.