HC Deb 03 December 1975 vol 901 cc589-91W
Sir Bernard Braine

asked the Secretary of State for the Home Department what were the total amounts paid in fees to solicitors and barristers, showing separately criminal cases and those heard before juvenile courts, magistrates' courts, crown courts and appeal courts in each of the years 1970 to 1974 and to the latest convenient date in 1975; what was the total legal aid awarded in such cases, the amount of such costs recovered from dependants, and the annual amounts written off as irrecoverable in each of those years.

Mr. Alexander W. Lyon

The total cost of legal aid for criminal proceedings in all courts for the years 1970–71 to 1974–75 was as follows—these figures include disbursements as well as fees:

£
1970–71 8,102,919
1971–72 9,540,408
1972–73 14,090,205
1973–74 16,500,399
1974–75 23,827,966

The cost as between magistrates' courts and higher courts was as follows:

(1) Magistrates' courts
£
1970–71 2,749,220
1971–72 3,379,303
1972–73 4,363,781
1973–74 6,209,283
1974–75 9,445,297
(2) Crown Court and other higher courts
£
1970–71 5,353,699
1971–72 6,161,105
1972–73 9,726,424
1973–74 10,291,116
1974–75 14,383,669

The figures for the Crown court and other higher courts include payments made to local authorities in respect of legal aid expenditure incurred prior to 1972.

The available figures do not distinguish between expenditure in respect of cases dealt with in juvenile courts and other magistrates' courts, or between the Crown court and other higher courts; or between payments to barristers and to solicitors.

The total amount recovered by way of legal aid contributions for the five-year period was:

£
1970–71 165,095
1971–72 233,032
1972–73 278,384
1973–74 446,685
1974–75 621,101

The total amounts written off as irrecoverable were as follows:

£
1970–71 5,271
1971–72 7,003
1972–73 8,447
1973–74 10,904
1974–75 17,858

Sir Bernard Braine

asked the Secretary of State for the Home Department whether he will seek to make it a statutory requirement for members of the legal profession, who receive private remuneration in cases which subsequently come before the courts and attract legal aid, to disclose such remuneration and the purpose for which it was received when making claims upon the legal aid scheme.

Mr. Alexander W. Lyon

We have been considering such a proposal in the context of wider revision of the Criminal Proceedings (Fees and Expenses) Regulations 1968. Consultations are still proceeding.

Sir Bernard Braine

asked the Secretary of State for the Home Department why no provision is made to ensure that solicitors' costs and barristers' fees, in respect of legal aid in criminal cases at all court levels, together with moneys received by solicitors from private sources in connection with such cases, are not centrally supervised and consolidated so that effective comparison, control and audit is made both to avoid duplication of claims and waste of public money; and what action he proposes to take to end the present laxity.

Mr. Alexander W. Lyon

The taxation of the costs of legally aided defendants in criminal cases in the higher courts is a matter for the court itself. Such costs incurred in cases disposed of in magistrates' courts are taxed by the Law Society. There is central supervision and audit, but centralised taxation would be more expensive and less efficient. Any evidence of laxity in the use of public funds will be carefully investigated. Allegations of professional misconduct by solicitors or counsel are for the appropriate professional body to consider.

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