Legal Aid

AGSI Solicitors are:

Following a review by the AGSI Legal Aid Sub-Committee, the National Executive has agreed on a revised Legal Aid Scheme. The agreed new Legal Aid Scheme is effective from the 1st January 2026.

The AGSI Legal Aid Scheme For Members

What follows are details of the legal aid scheme administered by the National Executive of the Association of Garda Sergeants and Inspectors. This information is of vital importance to members. Please read carefully.

The AGSI Legal & Support Services have been established to provide comprehensive assistance to members who encounter legal, employment-related, disciplinary, or conduct issues as a result of their duties within An Garda Síochána.

These services are an essential resource for members requiring guidance and representation in matters connected to their professional responsibilities.

The support offered through the AGSI Legal & Support Services is organised into three distinct categories:

Request Legal Aid Support

Please complete this form and a member of our Head Office staff will contact you.

When forms are submitted

1. Introduction

This Scheme became operational on the 11th of September 1987 and it proposed to assist a member in defending or pursuing any authorised claim or legal proceeding or disciplinary matter brought by or against a member, arising out of or in the course of or in connection with his/her employment.

2. What Is A Claim?

When a member receives a Notice of Intention to Proceed from a third party in relation to any legal proceedings or disciplinary matter or where a member receives a written legal opinion that he should proceed with legal proceedings against a third party.

3. What Application For Assistance Will Be Considered?

Any claim for fees, expenses and other disbursements reasonably and properly incurred on a party to party basis by the appointed representative in connection with any claim or legal proceedings or disciplinary Hearing by or against the member and may include the reasonable costs and expenses of expert witnesses, such fees, expenses and other disbursements to be taxed in default of agreement at the member’s own expense.

4. Who Is Entitled to Make An Application For Assistance?

(a) Any paid up member of the Association who was also a Member of the Association on the date of the incident giving rise to any claim, legal proceeding or disciplinary matter, and

(b) Any paid up member of the Association who retires from duty as a member of the Association and who was a member of the Association on the date of the incident giving rise to any claim or legal proceedings.

5. What Is Provided By The Legal Aid Scheme?

The Scheme will, at the discretion of the National Executive of the Association of Garda Sergeants and Inspectors, relate to fees, expenses and disbursements reasonably incurred by a member whilst on official duty and in particular is limited to the following:

A maximum of €10,000 in respect of any one claim by an individual member or where more than one member is involved in the same action the claim will be taken as one case and the maximum will not be exceeded, or where a member of A.G.S.I. is involved in any action with members of other associations pro rata payments within the limits will apply provided that the Association’s nominated Solicitor is used.

PLEASE NOTE that the member must discharge the first €100.00 of any claim and shall be liable to discharge any fees, expenses or other disbursements incurred over and above the sum of €10,000.

5(A) Administrative Law

The Association shall provide support and financial assistance for members where, in the view of the National Executive, it is desirable in the interests of (i) the individual or individuals concerned, or (ii) members of the Association in general to seek the protection of the Courts in matters affecting or arising from transfer, discipline or interpretation of Garda Regulations. Cases so assisted shall be processed only through a Solicitor nominated by the Association. Expenditure of Association funds will be subject to the prior approval of the National Executive.

5(B) Civil Claim -v- Member

A claim in respect of legal fees will only be considered where it arises from an incident on duty or because of applicant’s membership of An Garda Siochana.

The first €100.00 in respect of any claim shall be borne by the individual member concerned.

Where claims under this heading are dealt with in the District Court, Circuit Court or High Court the following schedules will apply:

i) District Court/Coroner’s Court

Vouched fees and expenses, at the discretion of the National Executive, subject to a maximum of €500.00 (inclusive of V.A.T.). These limits will apply either where the member avails of the Association’s nominated Solicitor or where he/she employs a Solicitor of his/her choice.

ii) Circuit Court

At the discretion of the National Executive, vouched fees and expenses, subject to a maximum of €1,000.00 (inclusive of V.A.T.), in respect of any hearing at Circuit Court. Where the case is at hearing for more than one day, the National Executive may at its discretion consider paying an additional payment of €500.00 maximum. These rates apply where a Counsel is employed. Where no Counsel is employed the rates payable will be those applying to a District Court Hearing. These limits apply either where the member avails of the Association’s nominated Solicitor or where he/she employs a Solicitor of his/her choice.

Appeals arising from the Circuit Court will be supported only with prior sanction of the National Executive, after consultation with the Association’s Solicitor.

iii) High Court

Each approved application will only be processed through the Association’s nominated Solicitor. Expenditure of Association funds will require prior approval of the National Executive and will be subject to a maximum of €10,000 (inclusive of V.A.T.) in respect of vouched fees and expenses.

5(C) Criminal Prosecution -v- Member

See Section 6 – When is the Scheme not operative?

Sub-Section 3 – Where the application for assistance is on foot of any criminal act. The Association will not normally consider applications under this section. However, if the National Executive agrees that exceptional circumstances in the case so warrant, District and Circuit Court charges only may be allowed.

5(D) Garda Compensation Claims

The Association will not normally consider applications under this heading. It is recommended that all applications under the Garda Siochana Compensation Acts should be pursued through the Association Solicitor who is specifically experienced in these matters and who will not normally seek fees in such cases in advance of Court settlement.

5(E) Discipline and Garda Complaints Act/ Garda Síochána Ombudsman Commission (GSOC)

The Association provides a panel of Advocates who are familiar with the Garda Siochana Discipline Regulations and the procedures governing investigations and inquiries. When a member becomes aware that he/she is subject of investigation under the Disciplinary Regulations he/she should immediately request the advice and assistance of a member of the panel who should advise him/her on his/her initial response to allegations made through a Branch Secretary. Where a member uses the services of an A.G.S.I. Advocate, costs will be borne by the Association. Where a member engages the services of a Solicitor the A.G.S.I. will pay on production of properly vouched accounts the following grants towards defence:

Complaints Act/ GSOC

The sum of €500.00 inclusive of V.A.T. for each one day hearing plus €250.00 inclusive of V.A.T. for each subsequent day the case is at hearing to a maximum of €1,000.00 inclusive of V.A.T.

Discipline

The sum of €500.00 inclusive of V.A.T for each one day hearing plus €250.00 inclusive of V.A.T for each subsequent day of hearing to a maximum of €1,000.00 inclusive of V.A.T.

N.B. Where proceedings involve a number of complaints arising out of the same incident or where two or more members are defending themselves one fee only will apply at the rate outlined above.

i) Review Body

The Association will assist member with appeals to the Review Body as in Discipline cases.

ii) Appeal Board

In the case of appeal against dismissal, where an Advocate, Solicitor or Counsel is employed, the National Executive will consider application for financial assistance on its merits and may at its discretion, contribute towards vouched costs, subject to a maximum of €600.00 inclusive of V.A.T.

iii) Protection of Higher Courts

When a member of the panel of Advocates is employed in defending a member and it is considered necessary to seek the protection of the Court the Association Secretariat may, in urgent matters and in consultation with the Advocate and the Association Solicitor, approve the commencement of Court proceedings where the prior approval of the National Executive is not readily available. Any such proceedings will be taken by the Association’s nominated Solicitor. Further expenditure of Association funds will require prior approval of the National Executive.

5(F) Civil Cases brought by Members

This scheme does not cover legal costs and outlay incurred in civil cases brought by members of the Association save where the National Executive of the Association decide in their sole and absolute discretion that special circumstances exist which warrant the provision of financial assistance.

6. When Is The Scheme Not Operative?

When the National Executive of the Association of Garda Sergeants and Inspectors decide that an application for assistance should not be processed.
Where the matter is in respect of any claim or legal proceeding or disciplinary hearing matter where the member is covered under a Policy of Insurance or otherwise.
Where the application for assistance is on foot of any criminal act.
Where the claim or legal proceedings arises from or in connection with any trading activity, which is separate and distinct from that of police work.
Where there is any claim or legal proceedings or disciplinary hearing arising from circumstances or events occurring prior to the member becoming a member of the Association of Garda Sergeants and Inspectors.
Where an application has not been processed through the National Executive of the Association of Garda Sergeants and Inspectors.
Where the claim is in the defence of any criminal proceedings where the member refuses to provide to the appropriate authorities a blood or urine sample as legally required.
Where the member is entitled to fees, expenses and disbursements reasonably incurred on foot of any claim or legal proceedings or disciplinary hearing from the State, or other Party.

7. How Is The Scheme Administered?

The scheme will be administered by the National Executive of the Association. The National Executive shall have the sole discretionary right to decide on whether or not an application for assistance should be processed.

8. How Is An Application Form Processed?

The following procedure must be rigidly complied with when processing an application for assistance under the scheme as a condition precedent of obtaining any aid under the legal aid scheme:

(a) When a member receives a Notice of Intention to Proceed from a Third Party in relation to any legal proceedings or disciplinary proceedings or where a member receives a written legal opinion that he should proceed with legal proceedings against a third party that member should notify the National Executive of the Association immediately through the Branch Secretary on receipt of such Notice.

(b) An application form will be forwarded to the member and should be returned duly completed together with all relevant documentation by forwarding the application form to the General Secretary of the Association.

(c) The National Executive will thereupon duly notify the member and inform him/her as to whether or not his/her application for assistance under the scheme has been accepted by the National Executive

(d) In cases considered appropriate by the National Executive an Association Advocate will be appointed to represent the member.

(e) If the member’s application is accepted the National Executive of the Association will then appoint a legal representative/advocate to act on behalf of the member and will advise the member as to the identity of the legal representative/advocate. The National Executive will provide assistance under the Legal Aid Scheme only where the fees have been reasonably incurred by the legal representative of the Association.

(f) When a legal representative has been appointed by the National Executive the member will instruct that legal representative to release an irrevocable letter of undertaking in favour of the Association to reimburse the Association in full, out of any costs/damages received by that member as awarded by the Court or agreed with any third party arising out of the Defence or pursuit of any claim.

(g) If, in spite of the foregoing and prior to consultation with the Association a member should appoint his own legal representative the Association will only engage in correspondence and dialogue with the member himself/herself.

(h) Any member who submits a fraudulent application for assistance to the National Executive is liable to be expelled from the Association of Garda Sergeants and Inspectors in accordance with Article 6b of the Constitution of the Association.

9. Review

The National Executive will review the Scheme on an annual basis.