High Court rules 11 people entitled to 'immediate release' over lack of legal representation

The High Court has ruled that 11 individuals were entitled to "immediate release" from custody because they were denied legal representation. The court determined that these individuals suffered a "fundamental denial of justice" when they were remanded in custody without legal counsel in the District Court.

This situation arose from a dispute over the new legal aid payment scheme, which has led many solicitors working in the District Court to refuse cases. Under the revised scheme, solicitors receive a one-off payment of €520, irrespective of the number of court appearances required to represent a client. Previously, payment was based on each appearance.

Judge Mary Rose Gearty stated in her ruling that the accused persons successfully argued their detention was illegal due to the lack of a fair hearing. While some of the accused have since been granted bail by the High Court, several similar cases brought by other individuals remain active.

The judge clarified that the cases were not about solicitors withdrawing services or legal aid regulations themselves. Instead, the proceedings focused on each individual applicant's situation, specifically their bail applications made while unrepresented and the subsequent court proceedings. Lawyers for the accused argued their clients were detained illegally, while state parties contended that a constitutional challenge was not the appropriate remedy.

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fundamental denial of justice