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Grounds for termination other than a person’s behaviour


There are a number of grounds on which the Board might decide to terminate a certificate.  Some of these grounds are unrelated to the person’s behaviour, namely:-

  • at the client’s own request (Regulation 9(3)(a)) – this is almost unknown to happen. Where a case is settled, there is no need to seek termination as the certificate is spent once proceedings are concluded.
  • 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)); This is rarely an issue save where an instalment arrangement has been agreed, as clients will generally pay the contribution on acceptance of the legal aid certificate.
  • where the person is no longer eligible for legal aid on financial grounds (Regulation 9(3)(d))  - the change in circumstances procedure (Administrative Procedures Handbook) applies; or
  • where it is considered unreasonable in the particular circumstances of the case, which may not relate to the client’s behaviour, that the person would continue to receive legal aid (Regulation 9(3)(e) e.g, new evidence comes to light in the case that indicates that it is unlikely that the case will be successfully prosecuted.

As noted above terminations on the first reason are almost unknown and terminations for the second reason are relatively rare. Where the termination procedure is initiated for any of the above reasons, the person should communicate to the Board through the law centre in relation to showing cause, as these relate to entirely objective matters.

As noted above terminations on the first reason are almost unknown and terminations for the second reason are relatively rare. Where the termination procedure is initiated for any of the above reasons, the person should communicate to the Board through the law centre in relation to showing cause, as these relate to entirely objective matters.