LEGAL SERVICES COMMISSION IN ENGLAND & WALES

In England and Wales the governing body which organises and provides legal aid to the public is the Legal Services Commission (LSC). Split into two smaller divisions of Community Legal Service (CLS) and Criminal Defence Service (CDS), the Legal Services Commission handles cases for over two million people within England and Wales every year, and has a budget set by the Government Treasury of £2 billion per annum. The aim of the service is to provide advice and representation to anyone in need of assistance but who cannot afford to handle the financial burden of legal guidance themselves.

The Community Legal Service covers the majority of civil legal cases, including relationship and family breakdowns, debt, domestic violence, benefits, housing, asylum seekers, immigration, employment, mental health, education, and community care. The service offers help with general advice, mediation and if necessary, representation in court. The service pays for lawyers, solicitors or advice agencies to become involved in your case. The Criminal Defence Service, like the Community Legal Service, helps with advice, mediation and representation in court.

In all cases, the legal aid will be given with the belief that the person lacks the financial means to gain legal advice themselves. A financial means test may be applied prior to or during the legal aid process. It may also be decided that the applicant should pay for a portion of the fees themselves. There is the possibility that the court will request that the applicant pay back the legal aid at a later date if the court suspects that the person has the means to pay for their own legal counsel.