Consultation on the proposed changes to the Legal Aid Act 1986

Part 1 (Sections 1 to 6) - Civil Legal Aid

In this part of the draft Act most changes are to modernise or clarify with small changes.

Amended section 1

Minor amendments only.

Amended section 2

New power inserted for Legal Aid Board to amend Schedule 1 (proceedings for which civil legal aid may be given) by making an order doing so.

Amended section 3 - see recommendation 11

New subsection (1ZA) inserts an exception to the financial conditions for civil legal aid in sec 3(1) by providing that where a person’s assets are not available to them in consequence of a relevant order then those assets are to be ignored for the purposes of section 3(1)(a) and goes on to explain the meaning of a relevant order.

Other clarificatory amendments and minor amendments are made.

New section 3A - recommendation 24

New Section 3A provides that where a person has died in the care or custody of the State and their death is the subject of proceedings under the Coroners of Inquests Act 1987, any relevant relative of the deceased is entitled to assistance and advice and representation in respect of the inquest, regardless of their financial resources and receipt of benefits.

Amended section 4

Provides for Treasury to have a charge on the assets of a person given legal aid under new section 3(1ZA) in recovering the legal aid provided and interest on it, which is to be enforced when the assets are no longer subject to the order.

Amended  section 6

Minor changes in terminology arising from new defined terms.

Schedule 1- Proceedings for which Civil Legal Aid Can be Given – see recommendations 25(b) and (c) and 31(a)

Schedule 1 specifies the types of proceedings for which civil legal aid may be given (Part I) and may not be given (Part II).

New paragraph 3A is inserted into Part I, as a result of which civil legal aid may be given for proceedings in a court of summary jurisdiction under Division 2 of Part 2 of the Domestic Abuse Act 2020 (domestic abuse protection orders).

New paragraphs 9A and 9B are inserted into Part II, as a result of which civil legal aid may no longer be provided for treasure Inquiries and boundary disputes.

Further changes are made to Schedule 1 for clarification and modernisation of language.