The Gazette 1975

(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.

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.

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PROFESSIONAL VALUATION and NEGOTIATION SERVICE

Osborne King & Megran

Dublin 760251 Cork 21371 Galway 65261

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also at Belfast and London

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