Legal aid

This page highlights some of the current parliamentary material available on legal aid. This includes select committee reports, briefing papers on current legislation and other subjects produced by the parliamentary research services, and the latest Early Day Motions put down by MPs.

Standard Notes

DateDescription
07.06.2013Price competition and other proposals in the latest Ministry of Justice consultation on legal aid
In its recent consultation paper on legal aid, the Ministry of Justice is proposing to introduce price competition in the criminal legal aid market. It estimates this, along with other proposals, could save £220 million of legal aid spending per year by 2018/19. The proposal, though, is proving controversial as critics raise concerns about the potential impact on the legal profession and the service offered to those needing help. Consultation closed on 4 June 2013.
23.05.2013Civil legal aid: changes since 1 April 2013
This note examines the changes made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and some of the further changes proposed in the Ministry of Justice's most recent consultation paper.
16.05.2013Legal help: where to go and how to pay
This note sets out information about where to seek legal help or advice in England and Wales.
28.01.2013Legal aid for victims of domestic violence
The issue of legal aid for private family law cases involving domestic violence remained controversial as the Government published its white paper in response to the public consultation and as the subsequent Bill (now the Legal Aid, Sentencing and Punishment of Offenders Act 2012) made its way through Parliament. The Act is expected to come into force in April 2013. Provisions in the Act allow for legal aid to be provided in private law children and family proceedings where there is evidence of domestic abuse. The range of evidence of domestic abuse to be accepted - although much discussed during the Bill's passage - does not form part of the Act but has since been published in regulations.
28.01.2013Legal aid: Paying the statutory charge
For some clients, legal aid in civil cases is provided at no cost. Others who keep or retain money or property (for example in claims for financial provision on divorce) may, at the end of their case, have to repay some or all of the costs. The Legal Services Commission will make a charge or claim - known as the statutory charge - on the client's money or property. This may be done at the conclusion of the case or several years after the event. This note describes how the statutory charge may be levied.

Research Papers

DateDescription
20.10.2011Legal Aid, Sentencing and Punishment of Offenders Bill Committee Stage Report
04.07.2011Legal aid, Sentencing and Punishment of Offenders Bill Bill No 205 of 2010-12
This Research Paper has been prepared for the second reading of the Legal Aid, Sentencing and Punishment of Offenders Bill. The Bill covers a diverse range of issues, including legal aid; litigation funding and costs; sentencing; bail, remand and release on licence; prisoners' pay and employment; out of court disposals and knives.
09.08.2007The Criminal Justice and Immigration Bill Bill 130 of 2006-07
29.05.2007Legal Services Bill [HL] Bill 108 of 2006-07
09.12.2005The Criminal Defence Service Bill (HL) (Bill 64 of 2005-06).

Select Committee Reports

DateDescription
16.11.2011Constitution Select Committee (HL) twenty-first report on Part 1 of the Legal Aid, Sentencing and Punishment...
Constitution Select Committee (HL) report [Lords]
21.06.2011The Government's proposed reform of legal aid.
Government response. Ministry of Justice report [Commons]
15.03.2011The Government's proposed reform of legal aid.
Justice Select Committee report [Commons]
08.12.2009Family legal aid reform.
Government response. Ministry of Justice; Justice Select Committee report [Commons]
13.10.2009Family legal aid reform.
Government response. Ministry of Justice; Justice Select Committee report [Commons]

Early Day Motions

DateDescription
01.11.2011PROVISION OF LEGAL SERVICES
That this House considers that any attempt to economise on our arcane, high fee, high cost and adversarial justice systemby cutting legal aid must deprive the poor and people of modest ...
31.10.2011PROVISION OF LEGAL AID
That this House notes with concern that proposed legal aid cuts will lead to a loss of face-to-face advice for debt, employment, housing and welfare benefits that could make the funding ...
08.06.2011LEGAL AID: CLINICAL NEGLIGENCE
<p>That this House notes with great concern the Secretary of State for Justice's statement that, as part of the Government's proposed cuts to access to legal aid, `No win, no fee is ...
28.02.2011PROPOSED REDUCTIONS IN SPENDING ON LEGAL AID
That this House is alarmed by the Government's proposed changes to citizens' access to legal aid which, if introduced, will dramatically change the shape and scope of such important ...
19.01.2011CARTER RUCK
That this House notes with concern the report in The Guardian of 19 January 2011 that the solicitors Carter Ruck threatened the Soil Association with libel proceedings in order to bully ...

Lords Library Notes

DateDescription
05.07.2013Debate on 11 July: Effect of Cuts in Legal Aid Funding on the Justice System
This Note contains a brief summary of the development of legal aid, focussing on changes since the Legal Aid, Sentencing and Punishment of Offenders Act 2012, before summarising the most recent consultation paper, Transforming Legal Aid: Delivering a More Credible and Transparent System. The Note then outlines reactions to the latest proposals and summarises recent parliamentary scrutiny of the proposed changes.
15.11.2011Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109 of 2010-12)
This Library Note provides background information in advance of the second reading in the House of Lords of the Legal Aid, Sentencing and Punishment of Offenders Bill.

Glossary

  • Research Papers (RP) - briefings produced by the House of Commons Library on Bills, topical issues and regular statistics
  • Standard Notes (SN) - shorter, topical briefings from the Commons Library
  • Early Day Motions (EDMs) - formal motions submitted by MPs in the House of Commons
  • POST Notes - short briefing notes produced by the Parliamentary Office of Science and Technology
  • Lords Library Notes (LLN) - papers compiled by the House of Lords Library on Bills and for debates in the Lords