§ 2.38 p.m.
§ LORD LINDGRENMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether any review of the form of application for legal aid for persons appearing before magistrates' courts is contemplated, in particular in regard to question 5 of the form of application (Average weekly income from all sources).]
§ LORD STONHAMMy Lords, the arrangements for providing legal aid in criminal proceedings were recently reviewed by a Departmental Committee under the chairmanship of Mr. Justice Widgery, whose Report was published on March 23. The Committee's recommendations include a proposal that the financial basis on which legal aid is granted should be altered, and that in appropriate cases the courts should have power to grant legal aid subject to the payment by the applicant of a contribution assessed according to his means. This proposal, which would involve legislation, would, if adopted, entail amendment of the form of statement of means. My right honourable friend is studying the Committee's recommendations and hopes to make a statement shortly.
§ LORD LINDGRENMy Lords, I am most grateful to my noble friend for that reply, but would he not agree that the present form, with no qualifications of "average", is extremely vague? Is he also aware that, in a case where proceedings were recently instituted at the instigation of the Welwyn petty sessional division, because of information having been wrongly given on the form a case was taken before the Hatfield magistrates who accepted a plea that, "average" not being determined, it could be taken over a very extended period?
§ LORD STONHAMMy Lords, I would agree with my noble friend that, as he pointed out, the present form of application is far from clear. Indeed, it is widely recognised that the form is in need of revision, and the Widgery Committee made it clear that implementation of their recommendations would entail 852 the introduction of a new form of statement of means. I was not aware of the particular case to which my noble friend has referred, but I can assure him, in addition to the undertakings I have given, that what he has said will be fully considered when we come to consider the revision of the form.
LORD SALTOUNMy Lords, I do not know whether the noble Lord is in a position to answer this question, but I should like to ask whether the difficulties which we have been discussing occur in Scotland or whether the old Act of 1424 operates to mitigate them?
§ LORD STONHAMMy Lords, I would have thought it highly likely that the noble Lord's compatriots thought of these circumstances five hundred years ago and that there is no difficulty.