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Revocation / Termination of Legal Aid
General principles
These procedures seek to ensure that the arrangements for revoking / terminating legal aid certificates comply with fair procedures and the requirements of natural and constitutional justice and that not only will justice be done, but it will also be seen to be done by the person in receipt of legal service.
The Board considers that these procedures adhere to the objective. A number of points should be noted from the outset:-
> The formation of an intention to revoke or terminate a certificate, is not a “decision” to which the review or appeal procedure applies;
> the Regulations do not require that an applicant be given reason(s) for the termination or revocation of a certificate. However, an applicant would not be in a position to show cause as to why the certificate should not be revoked / terminated (“show cause”) without being informed of the reason(s) for the proposed decision. The requirements of natural and constitutional justice require that s/he be so informed; and
> the procedures detailed below provide for certain circumstances in which written communications may be made directly between an applicant and the Private Practitioner Centre. Where same is adopted, the solicitor will be informed of developments.
Revocation of legal aid certificates
The Board’s authority to revoke a legal aid certificate is provided for in Regulations 9(4) and 13(5)(b) of the Civil Legal Aid Act 1995 (“the Act”). By way of example, Regulation 9(4) permits revocation where a person has made an untrue statement of resources in the application for legal aid or where a person has failed to disclose any material fact. Furthermore, Regulation 9(2) provides that a person whose certificate is revoked shall be liable for all costs incurred by the Board in relation to that certificate. The circumstances giving rise to the Board deciding to exercise its discretion to revoke a certificate may come about either as a result of:-
> a person’s solicitor advising the Board of the relevant circumstances; or
> the Board receiving information from another source.
Termination of legal aid certificates
There are a number of grounds on which the Board may exercise its discretion to terminate a legal aid certificate. Some of these grounds are unrelated to the person’s behaviour, namely:-
> at the request of a person (Regulation 9(3)(a));
> where the person is more than 21 days in arrears in paying the contribution or is otherwise not complying with a condition attached to a certificate (Regulation 9(3)(b)); or
> where the person is no longer eligible for legal aid on financial grounds (Regulation 9(3)(d)).
Where the termination procedure is initiated for any of the latter two reasons, the person should communicate to the Board through the solicitor in relation to showing cause, as these relate to entirely objective matters.
Other circumstances giving rise to the Board deciding to exercise its discretion to terminate a legal aid certificate may come to the Board’s attention from another source.
The links below provide more information on this subject:
Detailed procedures for the withdrawal of legal advice and the revocation/termination of legal aid
Review of decision
Unreasonable behaviour
Appeal Committee
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