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The Criminal Assets Bureau Ad-hoc Legal Aid Scheme

The Criminal Assets Bureau Ad-hoc Legal Aid Scheme provides legal representation for people who need it but who cannot afford it. The following types of cases are included under the Scheme:

Certain Court proceedings brought under the Proceeds of Crime Act, 1996 as amended by the Proceeds of Crime (Amendment) Act 2005, the Revenue Acts or the Social Welfare Acts;
Social Welfare Appeals made to the Circuit Court under Section 34 of the Social Welfare Act, 1997 (this is now considered to apply to Social Welfare Appeals under Section 307 of the Social Welfare Consolidation Act 2005);
Tax Appeals made to the Circuit Court under the Taxes Acts where the Criminal Assets Bureau or its Chief Bureau Officer or any member of the Criminal Assets Bureau is the Respondent and / or Defendant;
Applications made by the Director of Public Prosecutions under Section 39 of the Criminal Justice Act, 1994.

The Scheme is not an alternative to costs. For this reason the application to access the Scheme must be made to the Court at the start of the proceedings. Members of the public should get their own legal advice as to whether their case is eligible under the Scheme.

Applying for the Scheme and Financial Eligibility

A person applying for the Scheme must satisfy the Court that they cannot hire a solicitor without the benefit of the Scheme. The applicant must apply to the court at the beginning of the case for the CAB Scheme and the Court must make an Order granting the Scheme.

Solicitors & counsel claiming fees under the CAB Scheme

Claims for payment should be submitted on a fully completed CLA 8(A) Form. Solicitors should consult the Scheme Procedures and Guidelines before submitting a claim for fees.

Expert Witness fees under the CAB Scheme

Where fees are being claimed in respect of forensic accountants, expert witnesses or other costs, the claim for such fees must be submitted by the relevant solicitor who engaged the service provider. A Court Order granting the Scheme to the forensic accountant/expert witness or other service provider must be submitted for the fee to be considered.

Prison Visits under the CAB Scheme

Where a solicitor or counsel must visit their client in prison, the Guidelines on the use of the CLA 11 Prison Visit Form should be consulted. The CLA 11 Prison Visit Claim Form is available from the prison reception office.