Chapter 6 of 13 · At court · Legal aid

Legal aid, explained for the person asking the judge

Checked 15 Oct 2026the Criminal Justice (Legal Aid) Act 1962 and the Legal Aid Board's own pages.

Legal aid comes before any solicitor enquiry on this site. In the District Court it is the judge's decision, made at your first appearance on two tests. This page is the tests, the form, the other schemes, and the 2026 dispute.

Not the Legal Aid Board

CourtsWise is an independent information site. It does not grant legal aid, assign solicitors or take applications. Criminal legal aid is granted by the District Court judge; civil legal aid by the Legal Aid Board.

The two tests

Test 1: Means
Your means are insufficient to pay for a solicitor yourself. You complete a statement of means from the court clerk; for a child, the parents' means count.
Test 2: Gravity
The charge is serious enough: a real risk of imprisonment, the gravity of the charge, or exceptional circumstances such as a complex case, a language barrier or a vulnerability.

The judge, usually at the first appearance. Ask for it before anything else is dealt with. Gardaí rarely object. A certificate covers a solicitor and, where the judge grants it, counsel, for the court that granted it. There is no contribution to pay.

Ireland has no duty-solicitor scheme in the District Court: a solicitor is assigned under a legal aid certificate, or you engage one privately.

The statement of means

Income, source of income, dependants, rent or mortgage, savings and debts. Bring payslips, a social welfare statement or a letter from your employer if you can.

Statement of means (District Court) · See whether you are likely to qualify

The other schemes

Garda Station Legal Advice Revised Scheme. Free legal advice at the Garda station if you are on a social welfare payment or your gross earnings are under €20,316 a year. Legal Aid Board
Legal Aid - Custody Issues Scheme. Covers High Court bail applications, extradition and European arrest warrant matters, on the court's recommendation (Form CI 3).
Civil legal aid. Civil legal aid from the Legal Aid Board, with a means test and a contribution, covers District Court family law (domestic violence, maintenance, guardianship, custody and access) but not small claims, debt or most other civil matters. The Board has its own eligibility calculator.
FLAC (Free Legal Advice Centres). Free legal information and advice clinics around the country. flac.ie

The 2026 dispute, and what it means on the day

From 1 July 2026 the Department replaced the per-appearance fees with a flat €520 per District Court case. Criminal legal aid solicitors withdrew their services from mid-June, almost completely from 1 July, except for people in custody and protocol cases. On 28 July the Minister kept the fee but paid two-thirds up front. The Dublin withdrawal continued into the new legal year; a High Court challenge by solicitor John Quinn was awaiting judgment on 13 October 2026. Cases were adjourned by the thousand and bench warrants issued for people whose solicitors did not appear.

If your solicitor has withdrawn

Attend every court date yourself: the withdrawal is not an excuse for non-appearance, and a bench warrant follows a missed date
Tell the judge your solicitor has withdrawn and ask for an adjournment; the courts have been granting them
Ask the judge for legal aid if you have not already, and ask the court office which solicitors are still taking certificates
If you are in custody the withdrawal does not apply to you
Keep every letter and note the dates in your case file

Flat fee from 1 July 2026: €520 per District Court case
Fees it replaced: €239.38 for the first appearance and €59.86 for each later one
Certificates in July: 10,277 in 2025, 702 in 2026
Certificates in 2025: 98,617, costing €40,705,809

The position is tracked daily: Criminal legal aid: the €520 flat fee and the withdrawal of services, checked 15 October 2026.

The two tests

The other schemes

The 2026 dispute, and what it means on the day

The guides