HC Deb 20 April 1988 vol 131 cc433-4W
Mr. Hoyle

To ask the Attorney-General if he will state the detailed criteria governing eligibility for legal aid.

The Attorney-General

The precise criteria are set out in the Legal Aid Acts 1974 and 1982 and regulations made under them. Broadly the arrangements are as follows (the financial limits were revised on 11 April):

Civil Legal Aid

The applicant must have reasonable grounds for taking or defending the proceedings. His disposable income must not exceed £5,765 a year and his disposable capital must not exceed £5,000, or he must be in receipt of income support. Decisions on granting civil legal aid in individual cases are made by the legal aid administration of the Law Society.

Legal Aid for Criminal Proceedings

It must be in the interests of justice for the applicant to receive legal aid and, having regard to his disposable income and capital, his resources must be such that he requires assistance in meeting his costs. Decisions on the granting of criminal legal aid and assessment of contributions in individual cases are made by the court.

Advice and Assistance

The applicant's disposable income must not exceed £122 a week or he must be in receipt of income support or family credit. For advice and assistance his disposable capital must not exceed £850. For assistance by way of representation (ABWOR), the applicant's disposable capital must not exceed £3,000, or he must be in receipt of income support. Decisions on the approval of ABWOR in individual cases are made by the legal aid administration of the Law Society. Legal advice and assistance is available from a solicitor without prior authorisation.

If the hon. Member has a particular problem in mind perhaps he would care to write to the Lord Chancellor.