Act of Parliament | |
Long title | An Act to make legal aid and advice in England and Wales, and in the case of members of the forces legal advice elsewhere, more readily available for persons of small or moderate means, to enable the cost of legal aid or advice for such persons to be defrayed wholly or partly out of moneys provided by Parliament, and for purposes connected therewith. |
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Citation | 12, 13 & 14 Geo. 6. c. 51 |
Dates | |
Royal assent | 30 July 1949 |
The Legal Aid and Advice Act 1949 (12, 13 & 14 Geo. 6. c. 51) was a British act of Parliament which extended the welfare state so that those unable to pay for a solicitor were able to access free legal help. [1] It set up the first ever state funded legal aid system in the UK. Its precursor was the Poor Prisoners' Defence Act 1930 which introduced criminal legal aid for appearances in magistrates' courts. [2] It received royal assent on 30 July 1949 creating one system for claiming legal aid in England and Wales. The assistance was means tested but freely available to people of "small or moderate means". The responsibility for legal aid was given to the Law Society of England and Wales. [3] This function was later transferred to the Legal Aid Board by the Legal Aid Act 1988. The Board was replaced by Legal Services Commission through Access to Justice Act 1999.
It was described by Lord Beecham as "one of the great pillars of the post war welfare state", [4]
This act's scope was substantially reduced following the contested Legal Aid, Sentencing and Punishment of Offenders Act 2012.
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The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.
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A duty solicitor, duty counsel, or duty lawyer, is a solicitor whose services are available to a person either suspected of, or charged with, a criminal offence free of charge, if that person does not have access to a solicitor of their own and usually if it is judged by a means test that they cannot afford one. The system is operative in several Commonwealth countries, including the United Kingdom, Australia, New Zealand and Canada.
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The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom enacted by the coalition government of 2010-2015, creating reforms to the justice system. The bill for the act was introduced in the House of Commons on 21 June 2011, and received Royal Assent on 1 May 2012.
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