Defendants are now entitled to legal representation by barristers even if they are unable to pay. The Supreme Court has ruled that in serious or complicated cases the defendants will be entitled to representation by counsel.
The District Court free criminal aid scheme, which has so far been restricted to solicitors, allows a defence solicitor to apply in writing for a barrister. The District Judge must be satisfied that the defendant is too poor to afford counsel, and that the gravity and complexity of the case, or other exceptional circumstances, make it essential in the interests of justice that the defendant be represented by a barrister.