§ Mr. Wyn Robertsasked the Attorney-General what criteria are employed in assessing a person's eligibility for legal aid in (a) civil and (b) criminal proceedings; and what differences there are between them.
§ The Attorney-GeneralAs from 15th November 1976 a person will be eligible for legal aid in civil proceedings if his disposable income does not exceed £2,085 a year, but he may be refused legal aid if his disposable capital exceeds £1,400 and it appears that he could afford to proceed without legal aid.
Legal aid in criminal proceedings is granted by the court where it appears desirable in the interests of justice and it appears that the applicant's means are such that he requires assistance in meeting the costs. The main difference is that in civil proceedings the applicant's eligibility must normally be determined by a detailed assessment of his means before legal aid can be granted. In criminal proceedings legal aid may be granted before a detailed assessment is made, though subject to liability to make a contribution at the end of the case.