Several accused persons suffered a “fundamental denial of justice” when they were remanded in custody after being left without legal representation in the District Court due to a dispute over the new legal aid payment scheme, the High Court has ruled.

Judge Mary Rose Gearty on Wednesday made the ruling in cases brought by 11 accused people, who argued that their detention was illegal because they did not have a fair hearing at the District Court. Some of the accused were granted bail by the High Court after initiating their cases.

Several similar cases brought by other accused persons are still live before the court.

The cases were advanced under a provision in Article 40 of the Constitution, which allows for a challenge to the legality of a person’s detention.

The proceedings arose in circumstances where many solicitors working in the District Court are refusing to work under the revised legal aid scheme.

The new legal aid payment scheme provides for a once-off legal aid fee of €520 irrespective of how many appearances solicitors make to represent a client in the District Court. Previously, solicitors were paid per appearance.

In a judgment, Gearty found there had been a “fundamental denial of justice” during the bail hearings at issue, and said the 11 accused persons were successful in arguing that they were entitled to immediate release.

The judge said the denial of justice was not the fault of the sitting judges in the District Court.

The judge clarified that the cases were not about the withdrawal of services by solicitors, or legal aid regulations. Rather, the cases before the court concerned each individual applicant, insofar as they made an application for bail in circumstances where they were unrepresented, and what then unfolded in court.

At a hearing last week, lawyers for the accused persons argued their clients had been detained illegally. Several State parties opposed the action, arguing that an Article 40 challenge was not an appropriate remedy for the issues raised.

The judge said she would publish her full written judgment on the cases in the coming days.