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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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want to go ahead with judicial review can i get free legal

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want to go ahead with judicial review can i get free legal aid paid for solicitor and barrister so far i am on disability
1. You are within the income limits for Legal Aid which is Social Welfare recipients. However, the other issue which the legal aid Board will look at is the relevance of the judicial review to your own personal situation. It is rare that a Legal Aid Certificate issues for a judicial review and then only when the decision being reviewed directly affects a person. Examples are immigration matters, criminal matters, social welfare matters. However, other matters such as planning or public decisions will not attract legal aid. If you clarify what decision you wish to judicial review I will be happy to assist further.
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Customer: replied 4 years ago.

I wish for a judicial review of a "driving under the influence of cannibas" case. The ban for this offence is a 4 yr dissqualification from driving, which in my opinion is very harsh for a first and only offence. Giving my personal situation the relevance of the judicial review is high because my partner doesn't drive and i have a two yr old son which requires at least one trip a year to Crumlin Hospital in Dublin. My question that i want answered is, can free legal aid be provided to me for the judicial review? I am currently on disability and cannot afford a barrister. I would gratefully appreciate an answer regarding the availability of free legel aid for my situation. Thank you.

2. Judicial review most definitely can issue for this situation given the grave issues which flow for you from a negative outcome. The way the Legal Aid Board will deal with your application is that it will get an opinion from a barrister about the likely prospects of success of the judicial review. If there is a probably successful or you have any chance of a good outcome, you will definitely get judicial review. However, a Legal Aid Certificate will not issue where there is no chance of success on the Legal Aid application. In this regard, your prospects of getting Legal Aid depend on the prospects of success in the judicial review and whether there is a good point in your case. Nowadays the Legal Aid Board will not fund cases without some prospect of success.
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