The Deputy will be aware that there are separate provisions governing the granting of legal aid in relation to criminal and civil matters and different criteria apply to the granting of legal aid under each scheme.
The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. An accused person is entitled to be informed by the court in which he or she is appearing of his or her possible right to legal aid. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel in the preparation and conduct of his or her defence or appeal. The courts, through the Judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him or her to pay for legal aid himself or herself. In this regard, an applicant for free legal aid may be required by the court to complete a statement of means.