To ask Her Majesty's Government whether Northern Ireland criminal cases involve a higher number of legal representatives than criminal cases in England and Wales; if so, what are the numeric differences; and what are the rules that apply to the number of legal representatives permitted and paid for under legal aid in the two jurisdictions. [HL2002]

A review of cases commenced in the Crown Court in Northern Ireland in 2008 suggests that of those defendants in receipt of legal aid 36 per cent were represented by a solicitor, junior and senior counsel. All other defendants in receipt of legal aid were represented by a solicitor and a junior counsel.

In Northern Ireland the statutory merits test for granting criminal legal aid is whether it is in the interests of justice that the defendant should receive free legal aid. It is the responsibility of the district judge (magistrates' courts) to decide whether to grant a legal aid certificate for one or two counsel in any case.

In the Crown Court in England and Wales defendants are represented by more than one counsel in approximately 2 per cent of cases.

The interest of justice test is also applied in England and Wales. In addition, the Criminal Defence Service (General) (No. 2) Regulations 2001 set out the circumstances in which more than one advocate may be allowed in criminal proceedings in England and Wales.

A representation order for two junior counsel in proceedings in the Crown Court in England and Wales may be made only where:

in the opinion of the court the case for the assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented by a single advocate; and

either:

two or more advocates have been instructed on behalf of the prosecution;

the case for the assisted person is exceptional compared with the generality of cases involving similar offences;

the number of prosecution witnesses exceeds 80; or

the number of pages of prosecution evidence exceeds 1,000.

A representation order for a QC and junior counsel in proceedings in the Crown Court in England and Wales may be made only where:

in the opinion of the court the case for the assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented except by a Queen's Counsel assisted by junior counsel; and

either:

the case for the assisted person is exceptional compared with the generality of cases involving similar offences; or

a Queen's Counsel or senior Treasury counsel has been instructed on behalf of the prosecution; and

two or more advocates have been instructed on behalf of the prosecution; or the number of prosecution witnesses exceeds 80; or the number of pages of prosecution evidence exceeds 1,000.

A representation order may be made for three counsel only where the proceedings arise from a prosecution brought by the Serious Fraud Office and the court considers that three advocates are required.