GSBA Posts

26 January 2021

Practice direction – Judge Fahy – District 7

Dear Colleagues,

Please note the Notice re District Court 7 received from the Court office.

Kind regards,

John Martin

Judge Fahy has issued the following directions to apply during Level 5 restrictions in District 7.

Applications Court

  • For restoration of driving licences applicants do not need to attend if there is no Garda objection and is fully represented
  • If evidence was given at Ad-Interim stage in an application for a cert of transfer, there is no need for the applicant to attend if there is no Garda objection

Family Law

  • Only urgent matters will be dealt with
  • If access is ongoing, no applications to vary will be heard during level 5

Criminal Matters

  • There is no need for defendants to attend on the first date in if fully represented and the case is being adjourned for statements etc.  Legal aid can be applied for in their absence and without a statement of means.
  • In an  indictable case the defendant need not appear for election purposes.  The Solicitor may indicate to the court and formal election will be carried out on the plea or hearing date
  • Defendants may elect via Videolink
  • Legal aid may be granted without the need to lodge a statement of means.  Legal aid will be granted for another colleague even if the client is not in attendance.  In the event of a State objection to the granting of legal aid, the position will be reserved to a date when the defendant is present.

All of the above will continue while we are in level 5 restrictions and will be reviewed once restrictions are lifted.

Pattie Mulkerrin
Manager
Galway Court Office
091 511511