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High Court grants order of certiorari quashing the order of the District Judge to “extend” a legal aid certificate, on the basis that: 1) the notion of “extending” legal aid is not recognised in law; and 2) an application could have been made under the Regulations that it be held and there was good reason not to deem the existence of only one certificate to be adequate or sufficient in the particular circumstances, but this option was foreclosed by the District Judge’s decision to “extend” the existing certificate to cover both cases.
Criminal law – legal aid – application to quash decision to refuse to issue a separate legal aid (District Court) certificate to cover the expenses of the applicant’s legal representation – judge “extended” an existing District Court legal aid certificate rather than grant a new one – completely different offences arising out of different facts, having occurred on different dates and involving different prosecuting members – notion of “extending” legal aid is not recognised either in the Criminal Justice (Legal Aid) Act, 1962 or in the regulations made thereunder (the Criminal Justice (Legal Aid) Regulations, 1965, S.I. No. 12/1965) – Regulation 7(4) of the Criminal Justice (Legal Aid) Regulations 1965 (S.I. 12/1965) – no legal basis to “extend” the certificate – whether the adjudication on the granting of legal aid was correctly conducted – order of certiorari quashing the order of the District Judge to “extend” the legal aid certificate – remitted to the District Court for further submissions.
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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