§ 5. Mr. Clinton Davisasked the Secretary of State for the Home Department if he will introduce legislation to require criminal courts to keep records of the grounds for the refusal of applications for legal aid in criminal proceedings.
§ Mr. DavisIs the hon. Gentleman aware that in certain courts, especially in the Inner London area, there is a grotesque incidence of refusal to grant legal aid in summary proceedings, and that at the Marlborough Street Court 1234 there is a 68 per cent. refusal and at the Lambeth Court a 71 per cent. refusal? Is it not quite clear that the disparity that exists is due to the fact that justices' clerks are apparently applying different sets of criteria in the granting of legal aid?
§ Mr. CarlisleWe are aware that there are varying percentages in the granting of legal aid in the different Inner London courts, but my right hon. Friend has no information to establish that the courts are not using their judicial discretion properly; indeed, part of the variation depends on the different types of case going to different courts. We do not feel that requiring the courts to declare their reasons would be justified.
§ Mr. Elystan MorganWould the hon. Gentleman not agree that it is quite unsatisfactory that there should be such grotesque disparities? Would he consider issuing a circular to justices' clerks?
§ Mr. CarlisleI am not sure whether the Home Secretary would be entitled to issue a circular on a matter which is purely within the judicial discretion of the courts, but certainly we are anxious that all the courts should use their judicial discretion in the same way.