Historically, under an administrative system called the ‘Attorney General’s Legal Aid Scheme’, some people with claims affecting personal liberty could apply for free legal aid. This included habeas corpus, certain bail and judicial review motions, and certain extradition schemes.
The scheme was first referred to by the Supreme Court in 1967 in Re Woods. The Court noted that lawyers for the Attorney General had confirmed that in certain cases affecting liberty, the Attorney General would assume the cost of legal representation for that person. Whilst the Court declined to grant legal aid, it described this commitment "as a notable contribution to the cause of personal liberty".
Whilst known as the ‘Attorney General’s Scheme’ it has not been run by the Office of the Attorney General for many years. Before June 2012, it was run for the Attorney General by the Department of Justice. From June 2012, the administration of the scheme was transferred to the Legal Aid Board. In January 2013, financial responsibility transferred from the Chief State Solicitor’s Office to the Department of Justice. The scheme was also re-named the ‘Legal Aid – Custody Issues Scheme’ from this date.
The Office of the Attorney General has no involvement with this scheme. All queries and request for further information should be directed to the Legal Aid Board.