§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department what amounts were paid in the last 10 years for which figures are available to(a) solicitors, (b) barristers and (c) by way of disbursements in relation to criminal legal aid in the magistrates and higher courts.
Mr. John M. TaylorTable(a) gives a breakdown for criminal cases tried in the magistrates courts during the period 1983–84 to 1992–93. Detailed information on payments to solicitors and barristers in the higher criminal courts is available only for the last nine years and is set out at table (b). A breakdown of disbursements in the higher criminal courts is only available from 1988–89.
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Table (a) £ million Solicitors Barristers Disbursements 1983–84 54.991 4.846 2.483 1984–85 60.104 5.307 2.790 1985–86 71.227 6.857 3.347 1986–87 76.313 7.309 3.649
Solicitors Barristers Disbursements 1987–88 99.372 9.914 4.626 1988–89 110.422 11.903 5.312 1989–90 130.785 14.849 6.214 1990–91 152.495 15.650 7.055 1991–92 186.043 17.562 8.791 1992–93 175.689 16.776 8.652
Table (b) £ million Solicitors Barristers Disbursements 11984–85 33.723 34.316 — 11985–86 36.360 38.932 — 11986–87 42.601 49.225 — 11987–88 47.591 52.494 — 1988–89 47.407 65.335 6.555 1989–90 53.381 74.095 7.570 1990–91 60.982 87.881 8.949 1991–92 72.955 103.789 10.726 1992–93 91.752 117.082 13.094 1 Disbursements included in totals for solicitors and barristers.
§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will list all the courts and the tribunals in England and Wales for which legal aid, subject to eligibility,(a) is and (b) is not available.
Mr. John M. TaylorUnder the Legal Aid Act 1988, and subject to the various eligibility tests, legal aid is available as follows:
Civil legal aid is available for proceedings before:
The House of Lords in the exercise of its jurisdiction in relation to appeals from the courts of England and Wales;the Court of Appeal;the High Court;any county court;specified family proceedings in the magistrates courts;the Employment Appeal Tribunal and the Lands Tribunal;a commons commissioner appointed under section 17(1) of the Commons Registration Act 1965;the Restrictive Practices Court under part III of the Fair Trading Act 1973, and any proceedings in that court in consequence of an order made, or undertaking given, under that Part of that Act.However, it is not available for those proceedings specified in part II of schedule 2 to the Legal Aid Act.
Criminal legal aid is available for proceedings before:
The magistrates courts;the Crown Court;the criminal division of the Court of Appeal or the Courts-Martial Appeal Court;the House of Lords in the exercise of its jurisdiction in relation to appeals from either of those courts.Assistance by way of representation—ABWOR—is available for:
Specified civil proceedings in the magistrates courts;a party, at a hearing in any proceedings in a magistrates' court, who is not receiving and has not been refused representation in connection with those proceedings, where authority has been given by the court;specified criminal proceedings in magistrates courts where the client has not previously received and is not otherwise receiving representation or ABWOR in connection with the same proceedings;a party, at a hearing in any proceedings in a county court, who is not receiving and had not been refused representation in connection with those proceedings, where authority is given by the court;a person in connection with an application for a warrant of further detention, or for an extension of such a warrant, made in respect of that person to a magistrates court under section 43 or 44 of the Police and Criminal Evidence Act 1984.237Wproceedings before Mental Health Review Tribunals under the Mental Health Act 1983;a discretionary life prisoner whose case is referred to the parole board under sections 34(4) or (5) or 39(4) of the Criminal Justice Act 1991;a prisoner who has been permitted by the governor or equivalent to be legally represented in proceedings before him.Legal aid is not available for proceedings before any other venue. However, those within the relevant financial eligibility limits may receive advice and assistance from a solicitor under the green form scheme prior to a hearing.
§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department what were the total receipts in the last 10 years for which figures are available in relation to awards of costs, contributions and otherwise in relation to(a) legal aid in criminal cases in the higher courts, (b) legal aid in criminal cases in the magistrates courts, (c) magistrates courts duty solicitor schemes, (d) police station duty solicitor schemes and (e) advice on criminal matters under the legal aid scheme.
Mr. John M. TaylorTotal payments to the legal aid fund in respect of costs, contributions and other receipts in respect of criminal legal aid during the last 10 years are as shown. No costs, contributions or other receipts are received in respect of magistrates courts and police station duty solicitors schemes.
£ million Year Higher Courts Magistrates' Courts Duty Solicitor magistrates'courts Duty Solicitor police station Green Form 1983–84 58.905 60.765 — — 35.858 1984–85 67.398 66.816 0.537 — 44.139 1985–86 74.663 80.219 3.368 0.568 51.716 1986–87 91.067 85.772 3.915 16.618 49.918 1987–88 99.176 112.266 4.879 23.183 56.885 1988–89 118.586 125.273 5.300 25.534 54.132 1989–90 134.206 148.828 6.522 30.969 62.430 1990–91 156.821 171.646 7.071 37.031 72.016 1991–92 186.470 209.996 7.989 53.615 95.165 1992–93 220.404 197.393 10.156 61.439 118.746
§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the amounts and the proportions of legal aid fund moneys paid to(a) solicitors, (b) barristers and (c) Queen's counsel for each of the last five years in (i) criminal, (ii) family, and (iii) other civil matters.
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Gross expenditure on criminal legal aid Solicitors (£ million) Proportion of criminal expenditure (per cent.) Barristers (£ million) Proportion of criminal expenditure (per cent.) Queen's Counsel (£ million) Proportion of criminal expenditure (per cent.) Disbursements (£ million) Proportion of criminal expenditure (per cent.) Total criminal expenditure (£ million) 1988–89 197.6 68.9 77.2 26.9 10.2 3.5 11.9 4.1 286.7 1989–90 232.2 69.3 88.9 26.6 11.6 3.5 13.8 4.1 334.9 1990–91 269.5 69.3 103.5 26.6 14.7 3.8 16.0 4.1 389.1 1991–92 335.4 70.4 121.4 25.5 16.0 3.4 19.5 4.1 476.2 1992–93 356.9 69.6 133.9 26.1 24.4 4.8 21.7 4.2 512.5
Year Higher Criminal Courts (£m) Magistrates Courts (£m) Green Form (£m) 1983–84 0.581 1.410 1.622 1984–85 0.626 1.240 2.182 1985–86 0.629 1.132 2.692 1986–87 0.763 1.298 3.014 1987–88 0.910 1.756 3.580 1988–89 0.710 2.113 3.930 1989–90 0.750 2.649 3.758 1990–91 1.000 3.254 4.044 1991–92 1.000 2.033 4.494 1992–93 1.265 3.267 4.896
§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department what was the total net cost in the last 10 years for which figures are available of(a) legal aid in criminal cases in the higher courts, (b) legal aid in criminal cases in the magistrates courts, (c) magistrates courts duty solicitor schemes, (d) police station duty solicitor schemes and (e) advice on criminal matters under the legal advice scheme.
Mr. John M. TaylorThe table shows the total net cost of criminal legal aid expenditure in the last 10 years for which figures are available, broken down in the form requested.
Mr. John M. TaylorIt is not possible to distinguish between the amounts paid specifically to Queen's counsel from the total sum paid to all barristers in family and other civil proceedings. The amounts and proportions of final legal aid bill payments to solicitors and barristers, excluding disbursements, for each of the last five years for which figures are available in (i) criminal, (ii) family and (iii) other civil matters, are as follows:
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Gross expenditure on legal aid for family matters Solicitors (£ million) Proportion of family expenditure (per cent.) Barristers (£ million) Proportion of family expenditure (per cent.) Disbursements (£ million) Proportion of family expenditure (per cent.) Total family expenditure 1988–89 133.6 83.6 14.3 8.9 12.0 7.5 159.9 1989–90 140.8 83.5 15.0 8.9 12.9 7.6 168.7 1990–91 160.5 82.7 18.4 9.5 15.2 7.9 194.2 1991–92 198.7 82.4 24.1 10.0 18.4 7.6 241.2 1992–93 247.7 83.8 32.1 10.9 15.8 5.3 295.7
Gross expenditure on other civil legal aid Solicitors (£ million) Proportion of other civil expenditure (per cent.) Barristers (£ million) Proportion of other civil expenditure (per cent.) Disbursements (£ million) Proportion of other civil expenditure (per cent.) Total other civil expenditure 1988–89 95.8 71.8 20.6 15.4 17.1 12.8 133.5 1989–90 116.9 71.8 25.5 15.7 20.3 12.5 162.7 1990–91 142.4 72.5 29.8 15.2 24.2 12.3 196.4 1991–92 199.8 72.5 43.9 15.9 32.0 11.6 275.7 1992–93 269.2 73.0 56.7 15.4 42.9 11.6 368.8
§ Mr. BoatengTo ask the Parliamentary Secretary, Lord Chancellor's Department how many solicitors or solicitors' offices and barristers received payments during 1992–93 in the ranges(a) £1 to £5,000, (b) £5,001 to £10,000, (c) £10,001 to £20,000, (d) £20,001 to £40,000, (e) £40,001 to £60,000, (f) £60,001 to £80,000, (g) £80,001 to £100,000, (h) £100,001 to £120,000 and (i) £120,001 and over in respect of payments made from the legal aid fund.
Mr. John M. TaylorThe number of solicitors' offices receiving payments within these ranges in 1992–93 was as follows:
Number £1–£5,000 3,001 £5,001–£10,000 873 £10,001–£20,000 1,180 £20,001–£40,000 1,623 £40,001–£60,000 1,134 £60,001–£80,000 718 £80,001–£100,000 549 £100,001–£120,000 412 £120,001 and over 1,827 The Legal Aid Board does not keep records in the form requested of payments to barristers, and it could be produced only at disproportionate cost. However, the following information is held on the numbers of barristers receiving payments within given ranges in 1992–93:
Number £1–£1,000 1,553 £1,001–£2,000 681 £2,001–£4,000 893 £4,001–£6,000 728 £6,001–£8,000 617 £8,001–£10,000 499 £10,001–£12,000 385 £12,001–£14,000 349 £14,001 and over 2,115