Allows legal aid contributions from assets frozen under the Proceeds of Crime Act Specifies the circumstances in which a court may decide on an application for legal aid and the type of representation to which a person is entitled. Specifies the capital and income checks required to qualify for criminal legal aid. Contains provisions for requesting contributions from applicants. The rules governing the right to legal aid are set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) and the Regulations. You can only grant legal aid in civil matters to cover certain types of civil litigation as defined in Schedule 1, LASPO. For more information on the changes to legal aid reform, see the FAQ on legal aid reform (PDF, 479 KB, 24 pages). In most cases, you will also need to conduct a financial eligibility check on your client to determine if they are eligible for legal aid under the Civil Legal Aid (Financial Resources and Payment for Services) Regulations, 2013 and subsequent amendments. “We continue to believe that victims of domestic violence in private family disputes should receive legal aid if evidence is presented, and the Court of Appeal has agreed that the Lord Chancellor has the power to make provision in regulations to make this possible. But there are areas where we need more information – for example, the number of people who have evidence older than two years. We also need to better understand the problems in cases of financial abuse where research is limited.

“We have begun working with domestic violence support groups, advocates and colleagues across government to gather data and deepen our understanding of these issues. Our findings will be used to find an evidence-based solution to the Court`s concerns, with the aim of creating alternative arrangements. In the meantime, with the transitional regulations introduced in Parliament today, we are taking immediate action to change our rules. We are doubling the initial proof period from two to five years and introducing a provision to assess evidence of financial abuse. We are accelerating the implementation of these changes so that they come into effect on Monday, April 25 to ensure that victims of domestic violence receive the support they need as quickly as possible and to provide certainty for those considering legal aid applications. We believe that these agreements address the Court`s concerns as work continues on a long-term durable solution. » Legal Aid Providers: Audit Scope, Rationale and Resources; access laws and regulations; Use the Civil Legal Aid Calculator and the manual. N.B. Due to the incorrect procedure for amending the Legal Aid (Financial Resources Information) Regulations 2013 for legal aid under LASPO, Rule 11 of the Legal Aid (Information on Financial Resources) (Amendment) Regulations 2015 has been repealed and replaced by the Civil Legal Aid (Merit Criteria and Financial Resources Information) Regulations 2015 (amendment). You should refer clients with debt, discrimination or education issues who need initial advice and support (known as legal aid) to the Civil Law Advice Service (CLA), unless they are exempt under Part 2 of the Civil Legal Aid Procedure Regulations 2012.

For more information, see the CLA Vendor Guide. Brochures for the public and advice for guidance practitioners can be downloaded below. amends the following regulations concerning the introduction of civil legal aid in respect of orders for protection against female genital mutilation, victims of trafficking in human beings and victims of slavery, servitude or forced or compulsory labour; and in certain proceedings before the juvenile court. As well as criminal legal aid in certain proceedings under the Female Genital Mutilation Act 2003 and the Modern Slavery Act 2015: establishing procedures for applying for different forms of civil legal aid. It includes acceptable evidence when requesting civil services in a private family law matter where there is a risk or evidence of domestic violence or child abuse. Find financial assessment forms and read guides and a checklist for civil legal aid financial assessment forms. The Regulations (Reg 2(3)) also expand the definition of “protection order” in section 33(3) of the 2012 Regulations to include protection orders from female genital mutilation and violent offender orders for the purposes of the evidentiary requirements set out in sections 33(2) and 34(2) of these Regulations (evidence relating to domestic violence and child protection). This amendment will come into force on May 16, 2016.

22/4/16 Establishes the capital and income verifications required to qualify for civil legal aid. Provides that in cases where a person is entitled to legal aid in civil matters (except related matters), additional legal aid may be available to identify a defendant or defendant proposed in the course of providing legal aid in civil cases to which that person is entitled. The Department of Justice took interim measures following the Court of Appeal`s decision in R (Women`s Rights) v. The Secretary of State for Justice and the Lord Chancellor [2016] EWCA Civ 91. In that case, the Court of Appeal annulled parts of section 33 of the Civil Legal Aid (Procedure) Regulations 2012 which stipulated that documentary evidence in support of civilian services should not exceed 24 months. The Civil Legal Aid (Procedure) (Amendment) Regulations 2016 Reg 2(2) replaces a new Order 33(2), which defines the forms of evidence of domestic violence to be provided with a request for civil legal services under Part 1, Section 12 of LASPO.