Legal Aid Scheme: Prisoners

(asked on 14th July 2025) - View Source

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether she has considered the potential merits of requiring prisoners convicted for (a) murder, (b) rape and (c) terrorism offences to work in prison to repay legal aid.


Answered by
Sarah Sackman Portrait
Sarah Sackman
Minister of State (Ministry of Justice)
This question was answered on 22nd July 2025

Legal aid is not paid directly to the defendant. It is paid to lawyers and ensures defendants have a fair trial and can be punished for their crimes.

The Legal Aid Agency ensures public money is used efficiently by applying means and merits (the interests of justice test) tests, except where exempt by regulation, to all defendants before the magistrates’ and Crown courts, when they make an application for legal aid funding. Where a defendant’s income is above the minimum income threshold, they are required to pay contributions for up to six months during the case. If convicted, they may be required to pay contributions from their capital assets up to the full amount of their defence costs.

The Court of Appeal can also make ‘Recovery of Defence Costs Order’ after upholding a conviction to recover legal aid costs where the defendant has been assessed to have the financial means to do so.

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