Case stated certificate

If you are charged with an offence before the District Court or Circuit Court, or you are appealing to the Circuit Court against a conviction by the District Court, the judge who is hearing the case may refer a question of law which arises from the hearing to the High Court, the Court of Appeal or the Supreme Court. This is known as a case stated. Similarly, the District Court judge hearing the case may state a case for the opinion of the High Court. In these situations you can apply for a legal aid certificate.

If the application to the District Court or Circuit Court is refused, you can apply for a certificate to the court before which the case stated is to be heard. This can be done by:

  • Sending a letter to the registrar of the court setting out the facts of the case and the reason for the application or
  • Applying directly to the court

To be eligible the offence must be of a serious nature or exceptional circumstances must apply. This certificate entitles you to both a solicitor and barrister.