Asked by: Lord Rosser (Labour - Life peer)
Question to the Ministry of Justice:
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.
Answered by Lord Keen of Elie - Shadow Minister (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.