Legal Aid Scheme: Public Spaces Protection Orders

Ministry of Justice written question – answered on 19th September 2018.

Alert me about debates like this

Photo of Lord Rosser Lord Rosser Shadow Spokesperson (Home Affairs), Shadow Spokesperson (Transport)

To ask Her Majesty's Government in what circumstances, to whom, and to what extent, is legal aid available to challenge public spaces protection orders under the statutory appeal procedure provided in section 66 of the Anti-Social Behaviour, Crime and Policing Act 2014.

Photo of Lord Keen of Elie Lord Keen of Elie The Advocate-General for Scotland, Lords Spokesperson (Ministry of Justice)

We have made sure that legal aid continues to be available in the most serious cases, for example where people’s life, liberty, or housing is at stake or where their children may be taken into care.

Legal aid is available for the making, varying, discharging and appealing of certain Protection Orders where there is a real risk to an individual’s life or liberty.

Challenges to Public Space Protection Orders do not currently fall within the scope of the legal aid scheme. However, individuals may apply for Exceptional Case Funding where failure to provide legal aid would breach, or risk breaching, the European Convention on Human Rights or enforceable EU law, subject to statutory tests of means and merits.

Does this answer the above question?

Yes0 people think so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.