HC Deb 12 December 1969 vol 793 cc194-6W
Mr. Oakes

asked the Secretary of State for the Home Department if he will set up a permanent committee to advise him on the operation of legal aid in criminal cases.

Mr. Elystan Morgan

My right hon. Friend does not consider that an advisory committee would be appropriate in the context of legal aid for criminal proceedings.

Mr. Oakes

asked the Secretary of State for the Home Department how many legal aid certificates in criminal proceedings before magistrates were for committal proceedings under Section 1 of the Criminal Justice Act, 1967; how many for other committal proceedings; and how many for summary proceedings.

Mr. Elystan Morgan

Between 1st January, 1968 (when the provisions of the Criminal Justice Act, 1967 relating to committal proceedings came into operation) and 30th September, 1968, legal aid was granted for committal proceedings in England and Wales in 13,357 cases and for other proceedings in magistrates' courts in 30,850 cases. The corresponding figures for the last three months of the year were 5,988 and 11,824. The figures do not distinguish committal proceedings under Section 1 of the 1967 Act from other committal proceedings, but a defendant cannot be committed for trial under Section 1 unless he is legally represented.

Mr. Oakes

asked the Secretary of State for the Home Department what representations he has received on the operation of the legal aid provisions of the Criminal Justice Act, 1967; and what replies he has sent.

Mr. Elystan Morgan

My right hon. Friend has received a number of suggestions for the improvement of the procedure for providing legal aid in criminal cases, which he is considering.

Mr. Oakes

asked the Secretary of State for the Home Department if he will set up an inquiry into the operation of legal aid in criminal cases in magistrates' courts.

Mr. Elystan Morgan

No. This matter was fully considered by the Departmental Committee on Legal Aid in Criminal Proceedings which reported in 1966, and on whose recommendations the relevant provisions of the Criminal Justice Act, 1967, were based.

Mr. Oakes

asked the Secretary of State for the Home Department how many applications for legal aid in criminal cases before magistrates have been made under the provisions of the Criminal Justice Act, 1967; how many of such applications were granted; and how many of those granted were subject to a financial contribution.

Mr. Elystan Morgan

Between 1st October, 1968 (when the legal aid provisions of the Criminal Justice Act, 1967, came into force) and 31st December, 1968, legal aid was granted for criminal proceedings in magistrates' courts in England and Wales in 17,812 cases and refused in 2,894 cases. Contribution orders were made by magistrates' courts in 1,027 cases.

Mr. Oakes

asked the Secretary of State for the Home Department if he will send a departmental circular to magistrates' clerks advising them of the provisions for the granting of legal aid in criminal cases before magistrates under the provisions of the Criminal Justice Act, 1967.

Mr. Elystan Morgan

Circulars explaining the provisions of the Criminal Justice Act, 1967, relating to legal aid were sent to the clerks of all criminal courts in England and Wales in August, 1968.