Unrepresented woman challenges detention after bail refusal amid legal aid dispute

A 31-year-old woman, charged with robbery, has initiated High Court proceedings to challenge the lawfulness of her detention. She was refused bail at Dublin District Court earlier this week because she lacked legal representation. Lawyers for the woman argued that the bail hearing was unfair as she wished to be represented by a solicitor.

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the bail hearing at Dublin District Court earlier this week was not fair as the woman wanted to be represented by a solicitor

Ceiligh McCormack, a mother of one from Dublin, was arrested on Friday and charged with robbing a woman in her 60s. At her court appearance, she requested a solicitor but was informed none were available. This situation stems from solicitors withdrawing their services for new custody cases in protest against a new payment scheme for criminal legal aid, introduced on July 1.

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under the new scheme a solicitor is not entitled to be paid until there is a final court order and that there will be many cases where a solicitor does work but is never paid for it because a final order is not made

Senior Counsel Michael Lynn informed the High Court that Ms. McCormack wanted representation, and the District Court judge also wished for her to have a solicitor. Gardai objected to bail, citing the seriousness of the offense and the potential life sentence. Ms. McCormack was remanded in custody to allow for a fresh bail application.

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she was now in custody after a hearing in which she was incapable of properly defending herself and making a case for bail

Solicitor Donal Quigley explained in a sworn document that he could not take on Ms. McCormack's case because the new scheme requires solicitors to wait for final court orders for payment, risking non-payment if a case is struck out or a suspended sentence is given. Ms. McCormack stated in her own document that she learned of the dispute from other inmates at the overcrowded Dóchas women’s prison. She emphasized her inability to afford private legal fees as a single mother on social welfare and her belief that the state has an obligation to provide legal aid.

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an accused person should be given the right to speak to a legal advisor and be represented at a hearing. He said the State had an obligation to vindicate the right of a citizen to a fair trial and to provide legal aid to those who cannot afford private represen