The Legal Aid – Custody Issues Scheme
The Legal Aid - Custody Issues Scheme (LA-CIS) provides payment for legal representation in the High Court, Court of Appeal and Supreme Court for certain types of cases not covered by Civil Legal Aid or the Criminal Legal Aid Schemes. The cases covered include:
- Habeas Corpus (Article 40.4.2) Applications;
- High / Appeal / Supreme Court Bail Motions;
- Certain types of Judicial Review;
- Extradition and European Arrest Warrant Applications
The Scheme provides legal representation for people who need it but who cannot afford it. It is not an alternative to costs. For this reason the application for the Scheme must be made to the Court at the start of the proceedings. Members of the public should get their own legal advice as to whether their case is eligible under the Scheme.
Applying for the Scheme and Financial Eligibility
A person applying for the Scheme must satisfy the Court that they cannot hire a solicitor without the benefit of the Scheme. To help the Court in considering the applicant’s financial means the applicant must give the Court a fully completed Form CI 3 Application Legal Services / Declaration of Financial Means.
The information provided by the applicant must be correct. If the applicant misleads the Court, the Legal Aid Board will not consider payment of the legal fees. In such circumstances, the applicant will be responsible for their own legal expenses.
The applicant should check with a solicitor that their case falls under the scope of the Scheme. Applicants should tell the court at the beginning of the case that they would like to apply for the Scheme.
Solicitors & counsel claiming fees under the LA-CIS
Solicitors and counsel intending to provide representation under the Scheme should consult the Legal Aid Custody Issues Scheme Provisions and Guidance Document for the full terms and conditions of the Scheme. Claims for payment should be submitted on a fully completed CI 1 Form. In the case of High Court Bail fees, claims should be submitted on a fully completed CI 2 Form.
Expert Witness and Translator/Interpreter fees under the LA-CIS
There are additional Guidance Documents for other Service Providers under the Legal Aid – Custody Issues Scheme. The Expert Witness Fees Procedures and Guidelines Document and the Procedures and Guidelines for claiming Translators / Interpreters Fees should be consulted. In the case of translators and interpreters, all invoices must be accompanied by a CI 4 Attendance Form.
Prison Visits under the LA-CIS
Where a solicitor or counsel must visit their client in prison, the Guidelines on the use of the CLA11 Prison Visit Form should be consulted. The CLA 11 Prison Visit Claim Form is available from the prison reception office.