§ Mr. MaclennanTo ask the Parliamentary Secretary, Lord Chancellor's Department (1) what is the minimum period before which fees are settled for legal aid in(a) England and Wales and (b) Northern Ireland.
(2) what is the average length of time for settlement of fees in legally aided cases in (a) England and Wales and (b)Northern Ireland.
(3) what is the maximum period his Department allows itself for settlement of legal aid fees in (a) England and Wales and (b) Northern Ireland.
Mr. John M. TaylorThere is no minimum or maximum period for settling legal aid claims in England and Wales or in Northern Ireland. For England and Wales, both the Legal Aid Board and the Lord Chancellor's Department have set performance targets for processing claims. Present targets and performance against those targets is as follows:
Type of proceedings Time taken Target (per cent.) Performance (per cent.) Magistrates' Courts' Bills1 6 weeks 90 295 Civil Bills (taxed and assessed)1 6 weeks 75 384 Other Bills1 6 weeks 92 295 Criminal Higher Bills (standard fees)1 (i) claim lodged day case concluded 5 days 100 87 (ii) claim received thereafter Criminal Higher Bills1 10 days 100 87 (courts' non standard fees) 4 weeks 70 73 Criminal Higher Bills4 3 months 75 74 (taxing teams' non standard fees) 6 months 100 100 1 From receipt of claim. The process involves the assessment of claims, and in civil proceedings investigation of the statutory charge, as well as the actual payment process. 2 99 per cent, within 13 weeks. 3 98 per cent, within 13 weeks. 4 This target relates to final payments and to the period from the bills being ready to tax. "Ready to tax" means all claims in the case have been submitted. In certain circumstances interim payments may be made in respect of these cases. For the first time the Law Society of Northern Ireland set targets for processing claims during 1993–94. These were based on actual performance during 1992–93, which was as follows:
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Type of proceedings Time taken">4 Performance Per cent. Criminal legal aid Magistrates' Courts Bills 7 weeks 50 12 weeks 93 Appeals from Magistrates' Courts 7 weeks 50 12 weeks 90 Crown Court bills 12 weeks 35 26 weeks 95 Bails 7 weeks 54 12 weeks 94 Civil legal aid County Court 7 weeks 73 12 weeks 88
Type of proceedings Time taken4 Performance Per cent. High Court 7 weeks 79 12 weeks 91 Appeals 7 weeks 73 12 weeks 89 Bails 7 weeks 72 12 weeks 90 ABWOR 1 week 100 Legal Advice and Assistance 7 weeks 92 4 From receipt of claim to assessment. A further period of up to 4 weeks may elapse before actual payment.