ACCESS TO JUSTICE

Question 1

Access to Justice is a CONSTITUTIONAL RIGHT as provided by…

Answer 1

• Article 34.1 of the 1937 Constitution states that “Justice shall be administered in courts”
• Article 40.3 of the 1937 Constitution provides various unenumerated personal rights, including the right to access to justice.
• There are, however, statutory limitations to this right, such as the STATUTE OF LIMITATIONS (1957) which establishes that an individual cannot bring an action in tort after six years.

Question 2

STATE (QUINN) v. RYAN

Answer 2

• State (Quinn) v. Ryan = in this particular case, it was held that the court had whatever power necessary to ensure the constitutional rights were VINDICATED.

Question 3

LAT LITIGANTS- LITIGANTS IN PERSON

Answer 3

• A person is entitled to SELF-REPRESENTATION in the courts, which is typically a way of reducing the costs of the process.
• It is more commonly found in CIVIL PROCEEDINGS rather than criminal proceedings.
• In order to ADRESS the significant INCREASE of lay litigants/litigants in person, a few BODIES OF LAW responded with a number of INITIATIVES:

a) Guidelines for litigants in person on the COURTS SERVICE WEBSITE;
b) Legal advice VOUCHERS under ABHAILE;
c) INFORMATION BOOKLETS from the MABS;
d) The SUPREME COURT LEGAL ASSISTANCE SCHEME!!

Question 4

LAY LITIGANTS - MCKENZIE FRIEND

Answer 4

• In certain circumstances, however, there are certain circumstances in which the lay litigant might NEED or WANT to be assisted by ANOTHER PERSON, which is usually the case for…
• Young persons;
• Parents where the person is a minor;
• People who lack the mental capacity.
• Lay litigants can choose to BE ASSISTED by what is called a MCKENZIE FRIEND, which was originated from the case of…
• Mckenzie v. Mckenzie (= in this case it was held that a party can choose to bring any person they wish to TAKE NOTES AND QUIETLY MAKE SUGGESTIONS!)
• Attention: a Mckenzie Friend CANNOT speak on behalf of the litigant.

Question 5

LEGAL AID - Definition & Types??

Answer 5

• Legal aid refers to the legal representation of a solicitor or barrister in a CIVIL PROCEEDING in the District, Circuit, High or Supreme Courts.
• There are TWO types of Legal Aid:
  a) Criminal Law - Legal Aid Act, 1962;
  b) Civil Legal Act, 1995.

Question 6

CRIMINAL LEGAL AID (Criminal JUSTICE - Legal Aid Act 1962)

Answer 6

• Criminal Legal Aid is the most COMMON and easy one to obtain, especially for more serious crimes.
• The Criminal Legal Aid is provided by the “CRIMINAL JUSTICE (LEGAL ACT) ACT 1962”, which…

ALLOWS PEOPLE TO OBTAIN LEGAL AID IN CIRCUMSTANCES WHERE THEY ARE ABLE IF AFFORDING IT!!!

• It is also imperative to note that for Criminal Legal Aid, a person is not allowed to provide/make any sort of FINANCIAL CONTRIBUTION.

Question 7

CIVIL LEGAL AID - Civil Legal Aid Act, 1995!

Answer 7

• A Civil Legal Aid is a more difficult one to obtain. A STATUTORY BASIS was introduced under the “Civil Legal Aid Act, 1995” which is administered under the LEGAL AID BOARD.
• The legal aid BOARD will be the one responsible for assessing whether or not the individual in question is eligible for the Legal Aid.
• Section 28 of the “Civil Legal Aid Act, 1995” LAYS DOWN THE ESSENTIAL CRITERIA under which the Legal Aid Board grants the civil legal aid.
• The person must make a financial contribution and must also pass two tests:

a) MEANS TEST (annual disposable income must be less than €18,000);
b) MERIT TEST.