Legal Aid Scheme: Foreign Nationals
The question
To ask the Secretary of State for Justice, if her Department will make an assessment of the potential merits of exempting foreign nationals from being eligible for legal aid.
Answered by Sarah Sackman
Decisions about who receives legal aid are made in accordance with the Legal Aid Sentencing and Punishment of Offenders Act 2012 and regulations made under that Act.
Anyone applying for legal aid in England and Wales is subject to strict eligibility criteria, and as a result, their legal issue must generally be in scope, and they must satisfy means and merit tests, unless specifically exempt by regulation.
Legal aid can play an important role in ensuring the smooth running of the courts, by providing timely advice to the individuals concerned, reducing the likelihood of delays and adjournments and helping to tackle court backlogs.
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