Representation Aid
Legal aid in this context refers to proceedings before courts and tribunals of the type described below:
Legal aid in this context refers to proceedings in the principal courts, civil courts up to the House of Lords; civil proceedings in relation to proceeds of crime in the Crown Court; certain quasi-civil proceedings in the Crown Court; the following categories of proceedings in the magistrate’s court: generally, family maintenance, domestic violence, children’s debt, and ejectment proceedings; protection from harassment and antisocial behaviour orders in the magistrate’s court; proceedings before the land tribunal; proceedings before the UK first-tier tribunal in respect of nationality and immigration issues, and the upper tribunal on appeal; proceedings in the enforcement of judgments office.
The following are exceptions to the above:
- Proceedings in respect of which criminal legal aid may be granted under the legislation.
- Defamation proceedings and counterclaims for defamation.
- Election petitions related actions.
- Debt collections, where liability is admitted.
- The above provisions may be varied by order.
Legal aid shall consist of representation by a solicitor and, as necessary, by counsel, including all assistance usually given by a solicitor or counsel in any preliminary steps or in arriving at or giving effect to a compromise or proceeding. A person shall not be granted legal aid in connection with proceedings unless they can show they have reasonable grounds for taking, defending, or being a party to them.
Legal aid may be refused if, in the circumstances, it appears unreasonable for the person to receive it, or it is more appropriate that they receive assistance by way of representation. Regulations may prescribe criteria for determining the question regarding assistance by way of representation as an alternative.
Legal aid is not available to any Health and Social Services Board, Health and Social Care Trust, other prescribed body, or guardian ad litem for the purpose of children’s proceedings. However, legal aid must be granted where a child is brought before a court under children’s legislation related to secure accommodation and wishes to be legally represented.
Legal aid must be granted to the children in respect of certain types of applications, including care and supervision orders, child assessment orders. Legal aid must also be granted to parents of the child and any person with parental responsibility in relation to the following proceedings: care and supervision, child assessment order, emergency protection order, extension, or discharge of an emergency protection order. Legal aid must also be granted for an appeal on children’s matters to a person granted legal aid or for the principal hearing.
In exceptional circumstances, the Lord Chancellor may, by direction, require that legal aid be made available in connection with excluded circumstances. If the Commission requests him to do so, he may authorize legal aid to be available in connection with proceedings in circumstances specified in the authorization; in an individual case specified.
Legal aid under a direction or authorization shall consist of such representation, on terms specified by the direction. For certain types of proceedings, the direction or authorization may make provisions regarding financial matters relating to legal aid under the direction. The Lord Chancellor must publish and require the Commission to publish directions given, as well as variations and revocations of them, and authorizations with variations and revocations. The Commission is the Northern Ireland Legal Services Commission.
Expenses paid in connection with the proceedings are paid initially from the legal aid fund. Solicitors and counsel may receive payments in respect of legal aid only as permitted under the legislation. The person assisted may be required to make a contribution in respect of sums payable out of the fund on their account.
Sums recoverable by virtue of the order with respect to the proceedings shall be paid to the legal aid fund. Their liability by virtue of an order for costs against them with respect to the proceedings shall not exceed the amount, which would be reasonable for them to pay having regard to all circumstances, including the means of the parties and the conduct of the parties in connection with the dispute.
Regulations shall make provision in relation to the entity, tribunal, or court which is to determine the matter of contribution and the extent to which any determination is to be final. A person’s dwelling house, furniture, tools, and instruments of trade are not reckoned as means.