Expenditure on Free (Criminal) Legal Aid, which had remained virtually static at £2.7 million to £2.8 million per year between 1988 and 1990, rose sharply in 1991 when the outturn was £3.152 million. The 1992 allocation is £3.87 million and in contemplating what the 1993 requirement will be one must bear in mind the claim for substantial increases in solicitors' legal aid fees being processed by my Department.
The main determinants of expenditure on criminal legal aid are: (1) the number and the seriousness of criminal cases being prosecuted; (2) decisions by the courts to grant or to withhold the grant of legal aid in individual cases; (3) decisions by the courts as to the number of counsel (up to a maximum of two) to be assigned in each such case, where appropriate; (4) the level of fee paid to prosecution counsel by the Director of Public Prosecutions (there are relationships between the level of fee paid to counsel for the prosecution and that paid to counsel for the defence and to the solicitor acting for the defence in cases heard in the Circuit and Superior Courts); (5) the scale of fees applicable to solicitors for cases heard in the District Court and for appeals to the Circuit Court; and (6) the length of each trial.
Factors which would have had a significant bearing on the increased expenditure in 1991 would include the substantial increases granted to counsel and to solicitors in 1991 for representing legal aid clients in the Circuit and Superior Courts and to a lesser extent the increase in recorded indictable crime and in the detection rate for 1991.