Armed Forces Legal Aid Scheme
(asked on 12th April 2021) - View Source
Question to the Ministry of Defence:
To ask Her Majesty's Government how many (1) successful, and (2) unsuccessful, requests for legal aid have been submitted to the Armed Forces Legal Aid Scheme in each year from 2010 to 2021.
The Armed Forces Criminal Legal Aid Authority (AFCLAA) holds detailed information dating from 2012, presented in the table below:
Year | Serving Personnel (Legal Aid paid, £) | Former Service Personnel (Legal Aid paid, £) | Total Number – Legal Aid Granted | Total Number – Legal Aid Refused |
2012 | 1,652,200 | 43,500 | 560 | 334 |
2013 | 1,336,900 | 63,200 | 435 | 260 |
2014 | 1,315,800 | 92,600 | 496 | 208 |
2015 | 1,582,300 | 188,600 | 434 | 201 |
2016 | 1,484,300 | 89,900 | 432 | 137 |
2017 | 1,462,300 | 36,600 | 390 | 149 |
2018 | 2,056,300 | 47,400 | 448 | 171 |
2019 | 1,243,300 | 132,600 | 498 | 155 |
2020 | 348,700 | 7,600 | 223 | 114 |
Notes:
Financial figures are rounded to the nearest £100. All other numbers are unrounded.
Some cases from 2019 are ongoing, meaning some bills are yet to be received/paid.
The low figures for 2020 reflect the fact that COVID-19 caused many court hearings to be delayed. Therefore, the numbers of personnel granted legal aid for 2020 cases is expected to rise as defendants decide whether to accept offers of legal aid. In addition, as 2020 cases come to a conclusion, financial figures for that year will increase significantly as bills are received/paid.
Very little information is available for 2021 at this time. Due to COVID-19, there are a number of cases awaiting a decision on prosecution by the Service Prosecuting Authority.
Figures for the number of unsuccessful applications (legal aid refused) include defendants who have refused an offer of legal aid and, therefore, do not wish AFCLAA assistance. This includes those who have refused legal aid whilst their case is awaiting a decision by the Service Prosecuting Authority, with a significant proportion of those cases discontinued before they reach court.
Figures also include a very small number who have been refused assistance by AFCLAA due to the individual exceeding the financial threshold which is currently set at an annual disposable income of £37,500.