Garda Síochána Act 2005


Legal aid for members charged with certain offences.

49.— (1) The Minister may contribute to the legal costs of a member of the Garda Síochána who is charged with a criminal offence if—

( a) any of the acts that are alleged to constitute the offence was directly related to the performance of the member’s functions,

( b) the Minister is of the opinion that the member’s financial circumstances are such that those costs would result in undue hardship, and

( c) the contribution does not exceed the sum that would be payable if a legal aid certificate were granted in respect of the applicable court proceedings.

(2) In this section—

“legal aid certificate” has the meaning given by section 9(2) of the Criminal Justice (Legal Aid) Act 1962;

“legal costs” means any fees, costs or other expenses properly incurred by a member referred to in subsection (1) in preparing and conducting—

( a) the member’s defence to the offence charged, and

( b) if applicable, the member’s appeal or stated case in relation to that offence.