*R (on the application of the Public Law Project) v Secretary of State for Justice

Legal aid – Entitlement. The claimant sought judicial review of the Secretary of State's proposal, by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014, to introduce a residence test for cases most in need of public funding, under Pt 1 of Sch 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Divisional Court, in allowing the application, held that the proposed Order was ultra vires and unlawful. Further, residence was not a lawful ground for discriminating between those who would otherwise be eligible for legal assistance by virtue of Sch 1 to the Act.

Category: