Eligibility for Legal Aid

Criteria under which legal assistance is to be granted

As required by section 10(1)(c) of the Legal Services Commission Act 1977 (the Act) the Commission has determined the criteria under which legal assistance is to be granted.

In compliance with section 10(2) of the Act, in determining the criteria un der which legal assistance is to be granted the Commission has had regard to the principles

1. that legal assistance should be granted where the public interest or the interest of justice so require; and
2. that, subject to paragraph (a), legal assistance should not be granted where the applicant could afford to pay in full for that legal assistance without undue financial hardship.

In determining the criteria, the Commission has also had regard to the principles in section 11 of the Act.

Two sets of criteria have been developed:

• criteria that must be met to qualify for a grant of legal assistance - Funding Criteria; and
• criteria that apply to all grants of legal assistance - Conditions of Legal Aid Funding.