§ Lord Windleshamasked Her Majesty's Government:
What proportion of persons prosecuted for a criminal offence in (a) the magistrates' courts and (b) the Crown Court were legally aided for all or part of the cost of legal representation during the most recent year for which statistics are available. [HL1931]
§ The Lord Chancellor (Lord Irvine of Lairg)The proportion of persons prosecuted for a criminal offence in the magistrates' courts and in the Crown Court who were legally aided for all or part of the cost of legal representation during 1998 were as follows:
- (a) magistrates' courts: 18 per cent. *
- (b) Crown Court: 94 per cent.
*The majority of criminal cases dealt with in the magistrates' courts are not sufficiently serious to warrant criminal legal aid—for example, road traffic offences.
§ Lord Windleshamasked Her Majesty's Government:
What are the criteria for deciding which defendants in criminal proceedings are eligible to receive legal aid from public funds. [HL1932]
§ The Lord ChancellorThe criteria for granting legal aid for representation in criminal proceedings are that it is in the interests of justice; and that the defendant needs help in meeting his defence legal costs.
The following factors are taken into account in deciding whether it is in the interests of justice; loss of liberty or livelihood is likely; a substantial question of law is involved; the accused is unable to understand the proceedings; the need to trace and interview witnesses; and that it is in the interest of another that the accused is represented.
A defendant will qualify for non-contributory legal aid if he or she or their partner either receive one of a small number of means tested benefits, or whose weekly disposable income and capital is below £51 and £3,000 12WA respectively. A contribution may be required if weekly disposable income and capital are above those limits. There are no upper limits in criminal legal aid.
§ Lord Windleshamasked Her Majesty's Government:
What was the total annual expenditure on criminal legal aid in each of the last five years. [HL1933]
§ The Lord ChancellorAnnual expenditure on criminal legal aid and advice and assistance for each of the last five years, for which figures are available, was as follows:
- 1997–98: £733 million
- 1996–97: £668 million
- 1995–96: £616 million
- 1994–95: £569 million
- 1993–94: £527 million.