Legal Aid (Hansard, 3 March 1995)

§ Mr. Nicholls
To ask the Parliamentary Secretary, Lord Chancellor's Department in what circumstances legal aid is available to criminals already serving a sentence.

Mr. John M. Taylor
The legal aid scheme provides legal advice, assistance and representation to those who might otherwise be unable to obtain it on account of their means, regardless of whether they are currently serving a prison sentence.

§ Mr. Gordon Prentice
To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make it his policy that a person serving a prison sentence who has not fully disclosed the whereabouts of the proceeds of the crime of which they were convicted should not be allowed legal aid.

Mr. John M. Taylor
In assessing an individual's entitlement to legal aid, all the assets to which the individual can reasonably he expected to have access are taken into account.

§ Mr. Nicholls
To ask the Parliamentary Secretary, Lord Chancellor's Department what legal aid is available to prisoners wishing to appeal against sentence; and what restrictions there are on the number of appeals a prisoner may launch.

Mr. John M. Taylor
Criminal legal aid may be granted to a convicted person for proceedings in respect of a sentence, provided that it is desirable in the interests of justice and that his or her financial resources are such that he or she requires help in meeting his or her costs.
A person convicted by a magistrates court has the right to appeal against sentence to the Crown court. Where an appeal is dismissed by the Crown court, a person may apply to the High Court for judicial review of that decision.
A person wishing to appeal against a sentence imposed in the Crown court must initially seek leave to appeal from a single judge in the Court of Appeal, criminal division.
If leave to appeal is granted, the matter will then be heard by the full court. If leave is refused, the application may be renewed to the full court. If the full court determines that leave to appeal should not be granted, a case can be referred back to the Court of Appeal by the Home Office, in exceptional circumstances.