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that. in their view, there were major defects in the
a s t e rn of a basic and serious nut tire. The Minister
invited the Council to submit to him a memorandum
setting out their views on these areas of substantial
delect and invited suggestions for improvement. The
present memo r a ndum is an attempt to meet that in-
vitation.
We have attempted before formulating our views to
canvass the views of barristers working in the area of
criminal law and have had very many helpful sugges-
tions. It is clear from our inquiries that all barristers
working within the scheme have grave and apparently
well-founded misgivings about its operation.
We wish to record that it is our belief that both
branches of the profession have made a serious en-
deavour to implement the scheme to the best of* their
ability for the benefit of needv persons who have he-
roine involved in the criminal process in our Courts.
Criminal Legal Aid
We are of opinion that a sound approach to the
appraisal of the working of any legal aid system is,
initially, to ask the following two questions:-
(i) What, in practical terms, is the legal assistance
which a needy person charged or about to be charged,
with a criminal offence is entitled to be afforded so
as to secure and vindicate his minimal legal and con-
stitutional rights?
(ii) What, again in practical terms, are the oblig-
ations upon a member of the legal profession who
undertakes the duty of assisting a needy person in
securing and vindicating those rights under such a
scheme?
Having established these criteria we can then avail of
legal assistance which a needy person seeking to avail
of them must be afforded if his rights arc to be ade-
quately protected :-
(a) To have access at the earliest time permitted
by law to a solicitor equipped by experience to deal
with criminal matters and to a solicitor of the client s
choosing where such is available and willing to act.
(b) To have such access in private and for such
periods as a reasonably prudent solicitor would deem
necessary.
(c) To be advised promptly by his solicitor or (where
the solicitor deems it necessary) by Counsel as to his
right to bail.
(d) To be advjsed promptly by his solicitor or (again
where the solicitor deems it necessary) by Counsel as
to his right to have his liberty secured by way of Hal>cas
Corpus.
(e) To l»c advised in relation to and attended upon
the making of any statement in relation to the charges
or proposed charges.
(f) To he advised in relation to any proposed identi-
fication parade and (where the solicitor deems it
necessary) to be attended at such parade.
(g) To have all reasonable steps taken to secure
his release on bail or by way of Habeas Corpus.
(h) To be represented by his solicitor and (where
his solicitor deems it prudent) by Counsel at each and
every appearance before a Court.
i) To have his defencc properly prepared and
presented.
(j) To be advised in relation to appeal in the event
of a conviction.
(k) To have all necessary Steps taken to initiate,
prepare and present such appeal.
(I) To he advised as to any other State Side remedy
which may he available in the course of the criminal
process and to have any such remedy pursued.
(111) To he advised as to the constitutionality or
legality of any statute, instrument or step hearing on
the constitutionality or legality of any such statute
the charge made agaimt him or proposed and to have
instrument, or step tested where such action is reason-
able.
(II) To hav e reasonable access at all times to his legal
advisers.
Having set out the above services in list form we
consider it important to emphasise that each claim
enumerated is a component of the Accused's constitu-
tional right to he dealt with in accordance with law.
Where any one of the enumerated claims arises and is
not met, there is danger that the general and funda-
mental right may lie jeopardised.
In sum, we believe (in relation to the first question)
that a person who has insufficient means to enable him
to obtain legal assistance must be entitled to each and
everv one of the services enumerated above (insofar
as they arise in any given case) if that person's minimal
legal and constitutional rights arc to he safeguarded
and vindicated.
Concoinmitentlv we believe that it is the duty
of the State to provide such service and of the legal
profession to implement such service to the best of
its professional skill and ability.
T
PROFESSIONAL VALUATION
and
NEGOTIATION SERVICE
Osborne King & Megran
Dublin 760251 Cork 21371
Galway 65261 |1
also at Belfast and London
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