legal aid handbook

Summary

The requester asked for versions 1-6 of the Civil Legal Aid Handbook, draft versions, and working papers regarding amendments, but the Treasury only released the October 2015 2nd Edition, stating not all information was held.

Key Facts

• The request was made to the Treasury on 2024-06-03.
• The outcome was determined on 2024-06-21 as 'Some information sent but not all held'.
• The released document is the Legal Aid Handbook, 2nd Edition, dated October 2015.
• The response included 6 documents totaling 361 pages.
• The requester noted that the website link for version 6 was broken because the file had been deleted.

Data Disclosed

• 2024-06-03
• 2024-06-21
• October 2015
• 361
• 6
• version 1
• version 6
• 2nd Edition

Original Request

Please supply a copy of the civil legal aid handbook version 1 to version 6 (2019) and any further versions to include searches of any public records not transferred from General Registry to Treasury that should have been transferred at the same time as the legal aid transfer of function legislation approved by Tynwald. Please supply draft versions and any working papers such as filenotes or email threads related to V1 and to establish each considered amendment and if either approved or rejected and on what basis. For example, suggestions from the Isle of Man Law Society or individual legal aid panel advocates or from Treasury employees or from General Registry employees or from any end users. Please note that the website link to download version 6 fails because the file has been deleted.

Data Tables (3)

Full Response Text

Released under Freedom of Information Act October 2015: 2nd Edition Page 1

Legal Aid Handbook

Legal Aid Administration

Released under Freedom of Information Act October 2015: 2nd Edition Page 2

Released under Freedom of Information Act October 2015: 2nd Edition Page 3

Table of Contents

PART 1 ORGANISATION 7 1.1 THE COMMITTEE 7 1.1.1 STATUTORY FUNCTION 7 1.1.2 MISSION STATEMENT 7 1.1.3 PRIORITIES 7 1.1.4 CONTACT THE COMMITTEE 8 1.1.5 STAFFING RESOURCES 8 1.2 LEGAL AID CERTIFYING OFFICER AND DEPUTY LEGAL AID CERTIFYING OFFICER 8 1.2.1 CONTACT THE LEGAL AID CERTIFYING OFFICER: 9 1.3 LEGAL AID COSTS OFFICER 9 1.3.1 CONTACT THE COSTS OFFICER 10 1.4 LEGAL AID ADMINISTRATION 10 1.4.1 CONTACT LEGAL AID ADMINISTRATION 11 1.5 LEGAL AID APPEALS TRIBUNAL 11 1.5.1. MAKING AN APPEAL 11 1.5.2 CONSIDERATION OF THE APPEAL 12 1.5.3 CONTACT THE LEGAL AID APPEALS TRIBUNAL 12 PART 2 MANAGEMENT 13 2.1 STRATEGIC MANAGEMENT 13 2.1.1 FUNDING: 13 2.1.2 STRATEGIC MANAGEMENT POLICY: 13 2.1.3 DAY TO DAY MANAGEMENT: 13 2.2 THE PANEL OF ADVOCATES PROVIDING THE SERVICE 13 2.2.1 REMOVAL FROM THE PANEL: 14 2.3 QUALITY STANDARDS 14 2.4
CASE MANAGEMENT 14 2.4.1 THE DUTIES AND RESPONSIBILITIES OF ADVOCATES WORKING UNDER A LEGAL AID CERTIFICATE 15 2.4.2 WHEN SHOULD AN ADVOCATE CONSIDER A REPORT TO LEGAL AID? 16 2.4.3 MONITORING BY THE CERTIFYING OFFICER 16 2.5 POLICY 17 2.6 COMPLAINTS 17 2.6.1 COMPLAINTS AGAINST THE CERTIFYING OFFICERS 17 2.6.2 MAKING A COMPLAINT 18 2.6.3 INTERNAL REVIEW 18 2.6.4 EXTERNAL REVIEW 19 2.6.5 COMPLAINTS WITH REGARD TO ASSISTED PERSONS 20 PART 3 SCOPE OF SERVICES 21 3.1. LEGAL ADVICE AND ASSISTANCE – THE “GREEN FORM” SCHEME 21 3.2. CIVIL LEGAL AID 21 3.3 CRIMINAL LEGAL AID 23 3.4 THE DUTY ADVOCATE SCHEMES 23 PART 4 MAKING AN APPLICATION 24 4.1 LEGAL ADVICE AND ASSISTANCE – GREEN FORM SCHEME 24 4.1.1 WHAT DOES LEGAL ADVICE AND ASSISTANCE COVER? 24 4.1.2 GENERAL CRITERIA 24 4.1.3 GREEN FORM AND PRISON VISITS 25 4.1.4 HOW AN INDIVIDUAL SHOULD APPLY 25 4.1.5 SCOPE OF THE SCHEME AND EXTENSIONS 26 4.1.6 FINANCIAL MEANS TEST AND QUALIFYING CRITERIA 26 4.1.7 CLAIMS FOR PAYMENT 28 4.1.8 COURT FILING FEES WITHIN THE SCOPE OF THE SCHEME 29 Released under Freedom of Information Act October 2015: 2nd Edition Page 4

4.2 CIVIL LEGAL AID 29 4.2.1 WHAT DOES LEGAL AID COVER? 30 4.2.1.1 THE SCOPE OF LEGAL AID FOR MEDIATION 30 4.2.1.2 GUIDANCE IN RESPECT OF APPEALS TO THE MENTAL HEALTH REVIEW TRIBUNAL 30 4.2.2 WHAT LEGAL AID DOES NOT COVER 31 4.2.3 HOW TO DEAL WITH MATTERS NOT LISTED IN THE STATUTORY PROVISIONS 31 4.2.4 THE APPLICATION FORM FOR CIVIL LEGAL AID 32 4.2.5 COMPLETION OF THE FORM: 33 PART 1 GENERAL 33 THE CORRECT CHOICE OF COURT 33 THE DETAILS OF THE APPLICANT 33 SOCIAL SECURITY BENEFITS 33 CONTACT TELEPHONE NUMBERS 33 CORRECT DATE OF BIRTH 33 CASE DETAILS – WHAT ARE YOU APPLYING FOR? 33 HAVE YOU TRIED TO SETTLE THE MATTER YET? 33 DETAILS OF THE ADVOCATE CARRYING OUT THE WORK 34 WHAT DOCUMENTS ARE YOU GOING TO SEND IN TO SUPPORT THE APPLICATION? 34 HAS LEGAL AID ALREADY ASSISTED THIS PERSON BEFORE? 34 CAN OR SHOULD SOMEONE ELSE FUND THE WORK? 34 WHO IS THE OPPONENT AND WHO REPRESENTS THEM ? 34 PART 2 STATEMENT OF CASE 35 WHAT IS YOUR OPINION ON THE CASE? 35 HOW MUCH IS IT GOING TO COST TO RUN THE CASE? 36 PART 3 FINANCIAL RESOURCES 36 PART 3 A THE STATUTORY CHARGE 37 THINK ABOUT WHAT DOCUMENTS NEED TO SUPPORT THE APPLICATION 37 4.2.6 CONSIDERATION OF APPLICATIONS FOR CIVIL LEGAL AID 37 4.2.7 CRITERIA CONSIDERED – LEGAL MERITS 38 4.2.8 LEGAL MERITS – APPEAL PROCEDURE 38 4.2.9 CRITERIA CONSIDERED – FINANCIAL MEANS 39 4.2.10 CIVIL LEGAL AID – THE STATUTORY CHARGE 39 4.2.11 OVERVIEW 39 4.2.12 ADDITIONAL RESPONSIBILITY 40 4.2.13 ADDITIONAL DUTY 40 4.2.14 DOES THE CHARGE APPLY? 41 THE CHECKLIST: 41 4.2.15 EXEMPTIONS FROM THE CHARGE 41 4.2.16 HOW THE CHARGE OPERATES WHEN THE CERTIFICATE HAS BEEN REVOKED OR DISCHARGED 41 4.2.17 HOW WE WOULD LIKE YOU TO APPROACH A SITUATION WHERE THE CHARGE MAY ARISE: 42 4.2.18 ENFORCEMENT: 42 4.2.18 MONEY 42 4.3.18 PROPERTY 42 4.2.19 POSTPONED ENFORCEMENT 42 4.2.20 CIVIL LEGAL AID – CHECKLIST FOR NEW APPLICATIONS 42 4.2.21 OVERVIEW 42 4.2.22 COMMON REASONS FOR REJECTION/RETURN OF APPLICATIONS 43 4.2.23 THE CHECKLIST 43 4.2.24 CASES WITH BORDERLINE PROSPECTS OF SUCCESS 43 4.2.25 CASES THAT ARE GENUINELY URGENT BUT NOT AN EMERGENCY APPLICATION 44 4.2.26 EXPERT REPORTS 44 Released under Freedom of Information Act October 2015: 2nd Edition Page 5

4.2.27 INFORMATION SUBMITTED TO LEGAL AID – COMMON ERRORS 45 EXAMPLES OF ISSUES WHICH NEED TO BE ADDRESSED BEFORE FORMS ARE SUBMITTED: 46 4.2.28 CIVIL LEGAL AID APPLICATIONS – COMMON ERRORS: 46 4.2.29 GREEN FORM APPLICATIONS – COMMON ERRORS: 46 4.2.30 DUTY ADVOCATE SCHEME – COMMON ERRORS: 46 4.2.31 CORRESPONDENCE AND GENERAL ISSUES: 47 4.2.32 E-MAIL: 47 4.2.33 EMERGENCY APPLICATIONS 47 4.2.34 THE CERTIFICATE 48 4.2.35 NOTICE OF ISSUE OF LEGAL AID CERTIFICATE AND CERTIFICATE OF AMENDMENT 49 4.2.36 TIME/DURATION LIMITATION/CONDITIONS 49 4.2.37 MEDIATION CERTIFICATES 50 4.2.38 SECURE UNIT APPLICATIONS 51 4.2.39 TRANSFER OF CERTIFICATE TO ANOTHER ADVOCATE 51 4.2.40 AMENDMENTS TO THE CERTIFICATE 52 4.2.41 DISBURSEMENTS 53 4.2.42 DISCHARGE AND REVOCATION OF A CERTIFICATE 53 4.2.43 THE DIFFERENCE BETWEEN REVOCATION AND DISCHARGE 53 4.2.44 THE CIRCUMSTANCES IN WHICH A CERTIFICATE WILL BE REVOKED OR DISCHARGED: 54 4.2.45 WHAT ARE THE INCIDENTAL EFFECTS OF REVOCATION OR DISCHARGE? 55 4.3 LEGAL AID IN CRIMINAL MATTERS 55 4.3.1 OVERVIEW 55 4.3.2 THE DUTY ADVOCATE SCHEMES 55 4.3.3 THE POLICE CUSTODY SCHEME 55 4.3.4 THE DUTY ADVOCATE SCHEME 56 4.3.5 THE DUTY ADVOCATE COMMITTEE 56 4.3.6 HOW TO APPLY TO BE A DUTY ADVOCATE: 56 4.3.7 THE PERIODS OF TIME YOU MIGHT BE ASKED TO COVER: 57 4.3.8 DUTY ADVOCATE ACTING FOR A CLIENT AT A SUMMARY COURT IN RESPECT OF AN ALLEGED BREACH OF A DOMESTIC VIOLENCE NON MOLESTATION ORDER 57 4.3.9 CLAIMING FOR PAYMENT 58 4.3.10 USE OF THE LEGAL ADVICE AND ASSISTANCE “GREEN FORM” SCHEME IN CRIMINAL MATTERS 58 4.3.11 CRIMINAL LEGAL AID 58 4.3.12 WHAT DOES CRIMINAL LEGAL AID COVER? 58 4.3.13 APPLYING FOR CRIMINAL LEGAL AID 59 4.3.14 CRITERIA FOR THE GRANT OF CRIMINAL LEGAL AID 59 4.3.15 PAYMENT OF CONTRIBUTIONS 60 4.3.16 CHANGE OF FINANCIAL CIRCUMSTANCES 60 4.3.17 CHOICE OF ADVOCATE 60 4.3.18 THE USE OF OFF ISLAND COUNSEL 60 4.3.19 CRIMINAL LEGAL AID DISBURSEMENTS 60 4.3.20 PROVISION OF THE SERVICE 62 4.3.21 APPLICATIONS FOR COSTS AGAINST THE PROSECUTION 63 4.3.22 CONCLUDING THE MATTER, CONSIDERING AN APPEAL AND APPLYING FOR PAYMENT 63 PART 5 HOW TO OBTAIN PAYMENT 65 5.1 PREPARING THE BILL OF COSTS 65 5.2 THE CURRENT HOURLY RATES 66 5.3 YOUR FILES 67 5.4 INTERIM OR FINAL BILL? 68 5.5 WHAT HAPPENS ONCE YOUR BILL HAS BEEN SUBMITTED 68 5.6 AVOIDING PROBLEMS WITH YOUR BILL OF COSTS 69 Released under Freedom of Information Act October 2015: 2nd Edition Page 6

5.7 HOW TO GET PAID WHEN THE CERTIFICATE IS TRANSFERRED 70 5.8 PAYMENT OF DISBURSEMENTS 71 5.9
REVIEW OF ASSESSMENT 71 APPENDIX 1 LEGISLATION: 72 STATUTES 72 1. LEGAL AID ACT 1986 72 REGULATIONS 72 1. LEGAL ADVICE AND ASSISTANCE REGULATIONS 1997 72 2. LEGAL AID (GENERAL) REGULATIONS 1997 72 3. LEGAL AID (MATRIMONIAL PROCEEDINGS) REGULATIONS 1997 72 4. LEGAL AID (FINANCIAL RESOURCES) REGULATIONS 1997 72 5. LEGAL AID (PANEL OF ADVOCATES) REGULATIONS 1998 72 6. CIVIL LEGAL AID ORDER 2008 72 7. CRIMINAL LEGAL AID REGULATIONS 1993 72 8. DUTY ADVOCATE (POLICE CUSTODY) SCHEME 1998 72 9. DUTY ADVOCATE SCHEME 1997 72 10. LEGAL AID (MISCELLANEOUS AMENDMENT) REGULATIONS 2008 72 11. LEGAL AID (GENERAL) (AMENDMENT) REGULATIONS 2014 72 12. LEGAL AID (FINANCIAL RESOURCES) (AMENDMENT) REGULATIONS 2014 72 13. CRIMINAL LEGAL AID (AMENDMENT) REGULATIONS 2014 72 14. LEGAL AID REMUNERATION ORDER 2014 72 15. DUTY ADVOCATE (POLICE CUSTODY) (AMENDMENT LEGAL AID REMUNERATION) ORDER 2014 72 16. LEGAL AID ACT 1986 (MODIFICATION) REGULATIONS 2015 72 APPENDIX 2 FORMS: 74 1. APPLICATION FOR GREEN FORM 74 2. APPLICATION TO EXTEND GREEN FORM 74 3. APPLICATION FOR CIVIL LEGAL AID 74 4. APPLICATION FOR AN EMERGENCY CERTIFICATE 74 5. APPLICATION FOR AMENDMENT/EXTENSION TO A LEGAL AID CERTIFICATE (TO BE DRAFTED) 74 6. APPLICATION FOR DISCHARGE 74 7. DRAFT BILL OF COSTS (USUALLY AVAILABLE IN ELECTRONIC FORM) 74 8. PATERNITY DECLARATION 74 9. APPLICATION TO BE PUT ON THE PANEL 74 10. STANDING ORDER MANDATE FOR LEGAL AID CONTRIBUTIONS/PAYMENTS 74 11. COURT DUTY ADVOCATE CLAIM FOR PAYMENT (JUNIOR ADVOCATE) 74 12. COURT DUTY ADVOCATE CLAIM FOR PAYMENT (SENIOR ADVOCATE) 74 13. POLICE STATION DUTY ADVOCATE CLAIM FOR PAYMENT (JUNIOR ADVOCATE) 74 14. POLICE STATION DUTY ADVOCATE CLAIM FOR PAYMENT (SENIOR ADVOCATE) 74 APPENDIX 3 MISCELLANEOUS: 76 1. PANEL LIST 76 2. GUIDE TO PRESCRIBED AMOUNTS 76 3. POLICY ON REMOVING AN ADVOCATE 76 4. POLICY ON RE-INSTATING AN ADVOCATE 76 5. REQUEST FOR LEGAL AID HANDBOOK AMENDMENT 76

Released under Freedom of Information Act October 2015: 2nd Edition Page 7

PART 1
ORGANISATION 1.1 The Committee The Legal Aid Committee (“The Committee”) was recently re-constituted under Section 23 of the Legal Aid Act 1986.
The administrative support for the Committee, and associated financial budgets for all aspects of Legal Aid (with the exception of cost assessments and the eligibility for Criminal Legal Aid both of which functions are currently within the General Registry), are provided by the Social Security Division of the Treasury. 1.1.1 Statutory Function  To determine and review Legal Aid legislation in the Isle of Man  To oversee and review the actions of the Legal Aid Certifying Officer and Deputy  To deal with complaints outside the remit of the Legal Aid Appeal Tribunal  To identify appropriate regulatory amendment or management action within the constraints of the Legal Aid Act 1986 1.1.2 Mission Statement The Committee aims to promote access to justice in a manner which is fair, equitable, transparent and professional and which uses public resources carefully and effectively. 1.1.3 Priorities  Reviewing the existing Legal Aid schemes and processes, identifying areas for streamlining, simplification and improved efficiency through legislative or regulatory amendment or management action;  Examining the current structure of Legal Aid certification and delivery and considering other managerial structures to balance independence and support/direction;  Auditing the cost of Legal Aid and investigating alternative approaches to consider whether they would deliver better value for money and service;  Exploring alternative means of dispute resolution (“ADR”) enabling early agreed settlement rather than adversarial court cases;  Evaluating the fairness, equity and social implications of Legal Aid and ascertaining how to ensure it is targeted at those in greatest need and is accessible to vulnerable groups;  Considering the position of Legal Aid within the wider justice system to ensure broader developments take into account and are influenced by the Committee’s principles and priorities; and  Informing and educating politicians, professionals and the public about Legal Aid and the challenges the Committee is tackling.

Released under Freedom of Information Act October 2015: 2nd Edition Page 8 1.1.4 Contact the Committee Correspondence from Advocates concerning the Committee’s remit may be addressed to: The Secretary Legal Aid Committee, Isle of Man Courts of Justice Deemsters Walk Douglas
IM1 3AR 1.1.5 Staffing Resources The Legal Aid Office has the following permanent staff resources: Position No Coverage Area of responsibility Certifying Officer 1 0.8 Certification Deputy Certifying Officer 1 0.2 Certification Head of Administration 1 Full Policy & Admin Officer Manager 1 Full Financial Determination Administration Officer
2 1 F/t, 1 P/t Financial & Payments Administration Assistant 1 1 P/t Administration The office also has the service of a Project Manager (full time Executive Officer) for twelve months. Her role is to progress the suggestions made for reforming Legal Aid during the recent consultation exercise and to review and streamline administrative procedures. 1.2 Legal Aid Certifying Officer and Deputy Legal Aid Certifying Officer The Legal Aid Certifying Officer and Deputy are appointed by the Legal Aid Committee by virtue of Regulation 2 of the Legal Aid (General) Regulations 1997. They are not Civil Servants but are appointed to discharge all the functions conferred on them by the regulations. This includes, amongst others, the function of deciding whether or not an application passes the Legal Aid merits tests. The Certifying Officer and Deputy are non-practising Advocates. Their hours are performed within the normal working hours of the Legal Aid Office on Monday to Thursday. An emergency service is available on Friday for genuinely urgent matters only. The Deputy Legal Aid Certifying Officer primarily covers the absences of the Certifying Officer. Released under Freedom of Information Act October 2015: 2nd Edition Page 9

1.2.1 Contact the Legal Aid Certifying Officer: Unless otherwise advised, Advocates should address their enquiries and applications to: The Certifying Officer Civil Legal Aid
Isle of Man Courts of Justice Deemsters Walk Bucks Road Douglas Isle of Man IM1 3AR Telephone: 685977 (Please note that telephone calls may be recorded) Web:
www.gov.im/registries/legal Email: legalaid@registry.gov.im

You should be aware that, whilst staff in the Legal Aid Administration office will do everything they can to assist with your enquiry they cannot exercise the functions of the Certifying Officer and may not always be able to assist you as a result.
With all enquiries you should allow sufficient time for the Certifying Officer to give the matter full and proper consideration taking into account that your enquiry will be placed in priority with the other m

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