This House of Lords Library Briefing has been prepared to mark the 70th anniversary of the passing of the Legal Aid and Advice Act 1949 on 30 July 1949. The Act meant that, for the first time, there was a consistent approach to providing assistance to people who could not afford to access the courts or pay for advice from a lawyer.
Legal Aid and Advice Act 1949: 70th Anniversary (266 KB , PDF)
Before 1949, the UK had a piecemeal system of providing assistance to those people who could not afford to access the courts or pay for advice from a lawyer. The Legal Aid and Advice Act 1949 introduced a consistent approach in England and Wales based on a means test. Its overall aim was to make legal aid and advice more readily available for “persons of small or moderate means”. The Act received royal assent on 30 July 1949.
Since then, there have been many changes to the scope and terms of legal aid, including through five acts of parliament. The most recent was the Legal Aid Sentencing and Punishment of Offenders Act 2012, which forms the basis of the current system. A review of this Act was published in February 2019 and the provision of legal assistance remains a disputed area of policy.
Separate systems exist for legal aid and advice in Scotland and Northern Ireland. Historically, there have been some links with that of England. For example, the 1949 Act contained provisions so that it could also be applied to Scotland and/or Northern Ireland in respect of legal advice.
This briefing discusses the provision of legal assistance before 1949. It then outlines the discussions which led to the Act, and its main features. The briefing also summarises how legal aid has changed in the last 70 years. Finally, it provides suggestions for further reading, including on the issues facing the system today.
Legal Aid and Advice Act 1949: 70th Anniversary (266 KB , PDF)
The European Convention on Human Rights was signed by the members of the Council of Europe, including the UK, in Rome in 1950. The UK was one of the first states to ratify it in 1951 and it is now incorporated into UK law through the Human Rights Act 1998. The UK government has recently restated its unequivocal commitment to the convention.
The government introduced the Finance Bill in the House of Lords on 4 March 2025. The House is scheduled to debate the bill at second reading and all remaining stages on 19 March 2025.
The crown court backlog reached a record high of 73,105 cases in September 2024. The impact on victims, witnesses and defendants has been significant as they wait longer for their cases to be resolved. The government commissioned an independent review of criminal courts that will produce reform recommendations to address crown court pressures. Whilst stakeholders have welcomed the review, some have called for more immediate action to reduce the backlog.
