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The Attorney General's Scheme was first referred to in the case of Application of Michael Woods [1970] IR154. Counsel for the AG confirmed to the Court that in certain circumstances the AG would defray the legal costs of a person who could not afford to pay fees.

The Office of the Attorney General has now sent to the Criminal Law Committee of the Law Society a copy of the scheme and we publish same below. We would draw practitioners' attention in particular to clause 2.

The Committee are at present consulting with the Attorney General's Office in relation to the adequacy of fees payable under the scheme. At the moment fees payable are running at approximately one-third of the fees that solicitors would be paid if costs were awarded to them.

The provisions of the Attorney General's Scheme in the High Court and the Supreme Court are as follows:

1. "The Scheme applies to the following forms of litigation (which are not covered by Civil or Criminal Legal Aid):

(i) Habeas corpus applications

(ii) Bail Motions

(iii) Such Judical Review as consist of or include Certiorari, Mandamus or Prohibition.

2. Applications under section 50 of the Extradition Act, 1965.

1. The purpose of the Scheme is to provide legal representation for persons who need it but cannot afford it. It is not an alternative to costs. Accordingly, a person wishing to obtain from the court a recommendation to the Attorney General that the Scheme be applied must make his application (personally or through his lawyer) at the commencement of the proceedings.
2. The applicant must satisfy the court that he is not in a position to retain a solicitor (or, where appropriate, counsel) unless he receives the benefit of the Scheme. To this end the applicant must provide such information about his means as the court deems appropriate.
3. The court must be satisfied that the case warrants the assignment of the counsel and/or solicitor.
4. If the court considers that the complexity or importance of the case requires it, the recommendation for counsel may also include one senior counsel.
5. The costs payable to the solicitor, and the fees payable to counsel, under the Scheme are those which would be payable in a case governed by the Criminal Justice (Legal Aid) Regulations current for the time being, applied mutatis mutandis.
6. Where there is more than one applicant, but only one matter is at issue before the court, the solicitor and counsel assigned shall represent all the applicants."