Legal Aid and Advice Act 1949
| Act of Parliament | |
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| Long title | An Act to make legal aid and advice in England and Wales, and in the case of members of the forces legal advice elsewhere, more readily available for persons of small or moderate means, to enable the cost of legal aid or advice for such persons to be defrayed wholly or partly out of moneys provided by Parliament, and for purposes connected therewith. |
|---|---|
| Citation | 12, 13 & 14 Geo. 6. c. 51 |
| Introduced by | Hartley Shawcross MP, Attorney General (Commons) Earl Jowitt, Lord Chancellor (Lords) |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 30 July 1949 |
| Commencement | various[c] |
| Repealed | 8 May 1974 |
| Other legislation | |
| Amended by | |
| Repealed by | Legal Aid Act 1974 |
| Relates to |
|
Status: Repealed | |
| Text of statute as originally enacted | |
The Legal Aid and Advice Act 1949 (12, 13 & 14 Geo. 6. c. 51) was an act of the Parliament of the United Kingdom which extended the welfare state so that those unable to pay for a solicitor were able to access free legal help.[1] It set up the first ever state funded legal aid system in the UK. Its precursor was the Poor Prisoners' Defence Act 1930 which introduced criminal legal aid for appearances in magistrates' courts.[2] It received royal assent on 30 July 1949 creating one system for claiming legal aid in England and Wales. The assistance was means tested but freely available to people of "small or moderate means". The responsibility for legal aid was given to the Law Society of England and Wales.[3] This function was later transferred to the Legal Aid Board by the Legal Aid Act 1988. The board was replaced by Legal Services Commission through Access to Justice Act 1999.
Subsequent developments
The act was described by Lord Beecham as "one of the great pillars of the post war welfare state",[4]
The whole act was repealed by section 42(1) of, and part I of schedule 5 to, the Legal Aid Act 1974, which came into force on 8 May 1974.[5]
This act's scope was substantially reduced following the contested Legal Aid, Sentencing and Punishment of Offenders Act 2012.[6]
Notes
References
- ↑ Taylor, David (1988). Mastering Economic and Social History. doi:10.1007/978-1-349-19377-6. ISBN 978-0-333-36804-6.
- ↑ Hattenstone, Simon (4 January 2014). "Fighting for legal aid is my family tradition". The Guardian. Retrieved 25 July 2014.
- ↑ "Legal Aid and Advice Act 1949: 70th Anniversary" (PDF). House of Lords Library. 2019. Retrieved 18 October 2020.
- ↑ Bowcott, Owen (19 May 2011). "Legal aid debate – House of Lords". The Guardian. Retrieved 25 July 2014.
- ↑ "Legal Aid Act 1974", legislation.gov.uk, The National Archives, 1974 c. 4
- ↑ Shankland, Matthew (13 January 2023). "Legal aid, free advice and virtue signalling". Law Society Gazette. Law Society of England and Wales. Archived from the original on 14 March 2023. Retrieved 2 July 2025.
External links
- Text of the Legal Aid and Advice Act 1949 as originally enacted or made within the United Kingdom, from legislation.gov.uk.