Courts-Martial (Legal Aid) Regulations, 1986.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Courts-Martial (Legal Aid) Regulations, 1986.
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paragraphs: (1) These Regulations shall not apply in relation to proceedings initiated before the commencement of Part III of the Act.
(2) For the purposes of paragraph (1) of this Regulation, proceedings shall be regarded as being initiated against a person on the day on which the person is charged with the offence to which the proceedings relate.
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paragraphs: In these Regulations—
"the Act" means the Courts-Martial Appeals Act, 1983 (No. 19 of 1983);
"legal aid certificate" means a legal aid (preliminary proceedings) certificate, a legal aid (court-martial) certificate, a legal aid (Courts-Martial Appeal Court) certificate or a legal aid (Supreme Court) certificate;
"the Minister" means the Minister for Defence.
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paragraphs: The Deputy Judge Advocate-General, Adjutant-General's Branch, Department of Defence (supsequently referred to in these Regulations as "the Deputy Judge Advocate-General") is hereby prescribed to be the prescribed authority for the purposes of Part III of the Act.
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paragraphs: (1) As soon as may be after the making of these Regulations, the Minister shall compile a list in respect of areas determined by the Minister of solicitors who have notified him 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 the places within the area to which it relates, and the Courts, if any, at which the solicitors are willing so to act.
(2) The Minister shall send a copy of the list compiled pursuant to paragraph (1) of this Regulation to—
( a ) the registrar of the Supreme Court,
( b ) the registrar of the Courts-Martial Appeal Court,
( c ) the Secretary of the Incorporated Law Society, and
( d ) the Deputy Judge Advocate-General.
(3) ( a ) A solicitor who wishes to have the particulars specified in the list compiled pursuant to paragraph (1) of this Regulation varied shall notify in writing the Minister and, upon making the variation referred to in subparagraph (b) of this paragraph, the Minister shall notify the solicitor of the variation.
( b ) Where the Minister is notified by a solicitor of his wish to have the particulars specified in respect of him in the list compiled pursuant to paragraph (1) of this Regulation varied in the manner specified in the notification, the Minister shall vary those particulars in accordance with the notification and shall notify the persons specified in paragraph (2) of this Regulation of the variation.
(4) Where at any time after the compilation of the list of solicitors in pursuance of this Regulation—
( a ) the Minister is notified by a solicitor of his willingness to act for persons to whom legal aid certificates are granted or of his wish to have his 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,
the Minister shall amend accordingly the list by adding thereto or deleting therefrom, as the case may be, the name of the solicitor and shall notify the persons mentioned in paragraph (2) of this Regulation of the amendment.
(5) A solicitor who is willing to act for persons to whom legal aid certificates are granted and who wishes to have his name included in the list compiled pursuant to this Regulation and a solicitor who wishes to have his name deleted from such list shall notify in writing the Minister and, upon making the amendment referred to in paragraph (4) of this Regulation, the Minister shall notify the solicitor of the amendment.
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paragraphs: (1) As soon as may be after the making of these Regulations, the Council shall send to the Minister 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 Act.
(2) The Minister shall keep a list of the names aforesaid 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 Deputy Judge Advocate-General.
(3) Where, at any time after the compilation of a list in pursuance of this Regulation, the Council is notified by a counsel of his willingness to act for persons to whom legal aid certificates have been granted or of his wish to have his name deleted from the list, the Council shall notify the Minister of such wish and the Minister shall amend accordingly the list kept by him pursuant to this Regulation by adding thereto or deleting therefrom, as the case may be, the name of the counsel and the Minister shall notify the persons mentioned in paragraph (2) of this Regulation of the amendment.
(4) A counsel who is willing to act for persons granted legal aid certificates and who wishes to have his name included in the list kept by the Minister pursuant to this Regulation and a counsel who wishes to have his name deleted from such list shall notify the Council in writing and upon receipt of the notification the Council shall notify the Minister and the Minister shall amend accordingly the list kept by him pursuant to this Regulation and shall notify the counsel of the amendment.
(5) In this Regulation "the Council" means the General Council of the Bar of Ireland.
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paragraphs: (1) The registrar of the Supreme Court and the registrar of the Courts-Martial Appeal Court shall each keep a register of all cases in which application is made to the court of which he is registrar 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) The Deputy Judge Advocate-General shall keep a register of all cases in which application in made to him for a legal aid certificate and shall record therein in respect of each case the particulars mentioned in clauses (a) to (e) of paragraph (1) of this Regulation.
(3) Each officer specified in paragraphs (1) and (2) of this Regulation shall send to the Secretary 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 by him.
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paragraphs: (1) Upon the grant of a legal aid certificate, the Deputy Judge Advocate-General, 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 him a solicitor from the list kept pursuant to Regulation 5 of these Regulations to act for him in the preparation and conduct of his case.
(2) The Deputy Judge Advocate-General, 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 a capital offence or murder or the case concerning him appears to present exceptional difficulty and the Deputy Judge Advocate-General, the Courts-martial Appeal court or the Supreme Court, as the case may be, is of opinion that his case cannot be conducted adequately without the assistance of two counsel, direct that two counsel be assigned to the person to act for him in the preparation and conduct of his case.
(3) Where a legal aid certificate is granted to a person and the certificate entitles the person to have counsel assigned to him—
( a ) in case the certificate includes a direction under paragraph (2) of this Regulation, any two counsel whose names are included in the list kept by the Minister pursuant to Regulation 6 of these Regulations, and
( b ) in any other case, any one counsel whose name is included in such list,
may be retained on behalf of the person by the solicitor who has been assigned pursuant to the certificate to act for the person in the preparation and conduct of his case and, upon such retention, the counsel shall be deemed to have been assigned to the person pursuant to the certificate to act for the person in the preparation and conduct of his case.
(4) Where two 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 Deputy Judge Advocate-General, being satisfied that there is good reason for so doing, otherwise directs and the cases are cases to which Regulation 12(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 5 of these Regulations and a legal aid certificate falls to be granted to a person, the Deputy Judge Advocate-General 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 his case and, if that solicitor is willing so to act, the Deputy Judge Advocate-General may, upon the grant of the certificate, assign that solicitor to the person to act for him in the preparation and conduct of his case.
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paragraphs: (1) Where a legal aid (Courts-Martial Appeal Court) certificate is granted by the Deputy Judge Advocate-General, a copy of the certificate shall be sent by him 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 Deputy Judge Advocate-General.
(3) Where an application by a person pursuant to section 28(2) of the Act for a legal aid (Courts-Martial Appeal Court) certificate is refused, the Deputy Judge Advocate-General shall notify the registrar of the Courts-Martial Appeal Court of the refusal.
(4) Where an application by a person pursuant to section 29(2) of the 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 Deputy Judge Advocate-General of the refusal.
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paragraphs: (1) A legal aid certificate shall be in such one of the forms set out in the First Schedule to these Regulations as may be appropriate.