Legal Aid Scheme: Terrorism

Ministry of Justice written question – answered on 11th March 2019.

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Photo of Lord Truscott Lord Truscott Non-affiliated

To ask Her Majesty's Government what is their current policy on allowing legal aid to be provided to avowed terrorists or those who overtly support terrorism.

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

An individual can get access to legal aid if the matter or issue in question is within scope of the legal aid scheme, as defined in the Legal Aid, Sentencing and Punishment of Offenders Act 2012. If the matter is not within the scope of the scheme, the individual could apply for legal aid via the Exceptional Case Funding (ECF) scheme if they can demonstrate that failure to provide legal aid would breach, or risk breaching, the European Convention on Human Rights or an enforceable EU law right. For both ECF applications and for matters in scope of legal aid, the applicant must meet the statutory means and merit criteria.

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