Legal Aid Scheme: Terrorism:Written question - 268455

Q
Asked by Stephen Lloyd
(Eastbourne)
Asked on: 24 June 2019
Ministry of Justice
Legal Aid Scheme: Terrorism
Commons
To ask the Secretary of State for Justice, what criteria his Department uses to determine the allocation of legal aid; and how his Department assesses the claims of families of victims of terrorist attacks against that criteria.
A
Answered by: Paul Maynard
Answered on: 01 July 2019

All individual case funding decisions are taken by the Legal Aid Agency (LAA). It is important that these decisions are, and are seen to be, free from political and Government influence.

Legal aid can be provided, if the matter or issue in question is within scope of the legal aid scheme, as defined in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Legal aid is available for advice and assistance for all inquests, subject to a means and merits test. Legal aid funding for legal representation for a family, during an inquest hearing, is not in scope of LASPO.

The Government recognises that for certain inquests, bereaved people may require representation; legal aid may therefore be available, through the Exceptional Case Funding scheme, if certain criteria are met:

(a) if a failure to provide such representation would breach, or likely risk a breach of, the government’s obligations under the European Convention of Human Rights, usually Article 2; or

where the Director of Legal Aid Casework (DLAC) makes a determination that there is a ‘wider public interest’ in legal representation being granted.

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