Legal aid outlay rose by half a million last year

However, it was largely a surge in civil legal aid cases, not criminal, that drove costs up by £500,000 over 2016 to a total of £2.5m.

One reason for the rise was Public Law – where the States intervened in order to protect children. The figures showed a 99% (£201,707) increase over 2016 costs.

The other main cause was the Children’s Law – exceptional representation at hearings at the Child, Youth and Community Tribunal, evidential hearings arising from the CYCT and appeals against the CYCT decisions.

There was a large percentage increase of 80.2% over 2016 costs. This totalled £55,384.

A total of 180 people received legal aid for criminal matters in 2017. The number of not guilty pleas entered in criminal courts during the past two years has increased seven-fold and, in June, about 40 trials were waiting to be heard. However, criminal legal aid costs remained fairly static.

An Employment & Social Security Committee spokesman said entering a not guilty plea was ultimately a defendant’s right. ‘Legal Aid are not involved in, nor have any influence over, the decision of a publicly-funded defendant to enter a guilty or not guilty plea,’ said the spokesman. ‘This is for the defendant to determine, with the advice and assistance of their defence advocate.’

As legal aid was formula-led, it fluctuated with demand and both categories were below budget. ‘We have, however, seen a gradual reduction in criminal costs since 2013 and there was a decrease in expenditure on costs of £30,000 (3.7%) in 2017 from 2016,’ said the spokesman.

Publicly-funded criminal costs were not capped but at the conclusion of the proceedings, advocates’ costs are assessed to judge whether fees are reasonable. This may lead to a reduction in the overall cost of the case.

A publicly-funded defendant may also be required to pay a contribution towards their legal costs.

Full legal aid usually covers more complex cases and is both means and merit tested. It is not available for matters outside the Bailiwick.

While people on legal aid do not have to make any contribution to legal costs as the case progresses, the service is entitled to reimbursement of all legal costs if the applicant gains or keep any assets as a result.

Employment has no plans to cap legal aid, for either criminal or civil matters.

Home Affairs president Mary Lowe said that it was committed to working with others to ensure Guernsey is a safe and secure place with effective and efficient systems for delivering justice for all. ‘As with any organisation or society there is always scope to refine things and make improvements.

‘Legal Aid undoubtedly provides assistance to many who might not otherwise be able to afford fair representation, however determining whether it needs to be revised is something where the advice of the Employment & Social Security, which has the mandated responsibility for the service, would be key.’