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The High Court adjourned for further consideration an application for legal aid in an application for judicial review of a conviction in the District Court of public order offences. The applicant, had previously been unsuccessful in obtaining judicial review, and appealed both the conviction and prior judicial review decisions. The court highlighted the necessity for the applicant to demonstrate an arguable case that was not precluded by principles of res judicata or the non-amenability of High Court decisions to judicial review. The case was set for a hearing to allow the applicant to make submissions on the arguability of her case, after which the court will consider making a recommendation for legal aid.
Legal Aid – Custody Issues Scheme, judicial review, public order offences, District Court, Court of Appeal, Circuit Court, res judicata (a matter already judged), habeas corpus, O’Shea v. The Legal Aid Board, Ireland and others, Supreme Court, arguable case, assignment of counsel, constitutional obligation, legal representation, non-statutory administrative scheme, High Court decisions, non-amendability to judicial review.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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