This article is from page 2 of the 2009-10-06 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 2 JPG
he believes that the current system is not working and this has come to light in particular in the face of the economic downturn. He made the comments by way of the Legal Aid Board reporting last week that there was an 18 per cent increase in the number of new ap- plications for legal services last year.
Individuals received legal assistance from the Legal Aid Board in over 21,000 cases during 2008.
While pointing out that solicitors who defend their clients in the crimi- nal courts are doing their job, he said that all too often free legal aid is granted when the circumstances are not adequately examined.
‘There is a considerable difference between civil and criminal free legal aid. There appears to be a more rig- orous means testing for someone ap- plying for free legal aid in civil cases than in criminal cases. I am calling for a complete overhaul of the free legal aid system,’ he said.
“The McCarthy report calls for a
limited means testing and that would save €8.4 million,” he added.
“When you see a gangster being brought away from court in a SUV with blacked out windows, after get- ting free legal aid, that truly sickens law abiding citizens,’ said Deputy Cras
He is suggesting a points system- could be considered. Through this, serial offenders would be dealt with more carefully than those before the court for the first time.
‘People can go in and get free legal aid every time. There is no deterrent to stop committing offences. Histor1- cally the system was brought about to give free legal aid to poor persons.
While it is reasonable to assume someone on social welfare should be entitled to free legal aid, the entire system needs to be overhauled.”
“It just highlights the revolving door syndrome – get free legal aid, go through the system and into pris- on. Suddenly offenders are back on the streets again, with little attempt at rehabilitation. Free legal aid is a component of that,” he said.
“In fairness Judge Mangan (the dis- trict judge in Clare) requests written applications for free legal aid. That is one of the toughest in the country. There should be a uniform system everywhere. The system is abused at the moment,” he said.