Criminal Assets Bureau Ad-hoc Legal Aid Scheme
The Criminal Assets Bureau Ad-hoc Legal Aid Scheme provides legal representation for people who need it but who cannot afford it. The following types of cases are included under the Scheme:
- Court proceedings brought under the Proceeds of Crime Act, 1996 as amended by the Proceeds of Crime (Amendment) Act 2005, the Revenue Acts or the Social Welfare Acts
- Social Welfare Appeals made to the Circuit Court under Section 34 of the Social Welfare Act, 1997 (this is now considered to apply to Social Welfare Appeals under Section 307 of the Social Welfare Consolidation Act 2005)
- Tax Appeals made to the Circuit Court under the Taxes Acts where the Criminal Assets Bureau, Chief Bureau Officer, or any member of the Criminal Assets Bureau is the Respondent and/or Defendant
- Applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act, 1994
The Scheme is not an alternative to costs. Therefore, applicants should tell the court at the beginning of the case that they would like to apply for the Scheme at the start of the proceedings. The applicant should check with a solicitor that their case falls under the scope of the Scheme.
Applying for the Scheme and Financial Eligibility
An applicant must establish to the court that their income is insufficient to pay for legal representation themselves. The applicant must make the court aware at the beginning of the case for the application to the Scheme and the Court must make an Order granting the Scheme in the form of a legal aid certificate.