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The Court of Appeal dismissed an appeal from the High Court, upholding the Legal Aid Board’s decision to refuse payment of legal costs to a prisoner who initiated judicial review proceedings to compel medical treatment while in custody. The court found that the application was made outside the required time limit and that the proceedings, which concerned access to medical care rather than challenging the legality of detention or a criminal conviction, did not fall within the scope of the Legal Aid – Custody Issues Scheme. The Legal Aid Board was entitled to depart from the judge’s recommendation in the original High Court settlement, and no breach of constitutional or European Convention rights was established, as access to legal aid is not absolute.
legal aid – Custody Issues Scheme – judicial review application – appeal dismissed – prisoner medical treatment – High Court – Court of Appeal – settled proceedings – costs entitlement – Scheme interpretation – constitutional rights – European Convention on Human Rights (ECHR) – Order 84 RSC – extension of time – recommendation of judge – non-statutory scheme – judicial review concerning criminal matters or liberty
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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