Legal Aid Scheme
The question
To ask the Secretary of State for Justice, what steps his Department is taking to address the funding anomaly whereby Legal Aid funding may be granted to alleged or confirmed perpetrators rather than judicially recognised victims.
Answered by Sarah Sackman
Anyone can receive civil legal aid, provided that their case is in scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) and they pass the applicable means and merits tests, along with any necessary evidence requirements.
Criminal legal aid may be granted to defendants in criminal cases if they pass the applicable means and merits (interests of justice) tests. It is an accepted principle under both domestic law and international human rights agreements, as a component of the right to a fair trial, that those charged with a criminal offence have the right to legal assistance if needed.
It is possible for individuals subject to active civil court orders to claim legal aid; the legal aid framework does not prevent this. To receive legal aid, the matter must fall within the scope of the legal aid scheme, and the applicant must pass both the means and merits tests. The tests only apply to the case for which legal aid is sought, assessing financial eligibility and merits eligibility including, in relation to domestic violence cases, prospects of success and proportionality. An individual being subject to an unrelated active civil court order would not impact that assessment.
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