KA-2024-000244 - [2025] EWHC 2070 (KB)

LASPO is divided into distinct parts, with Part 1 dedicated to legal aid provisions. Section 14 defines “criminal proceedings” for the purposes of Part 1, encompassing various types of proceedings including those prescribed by regulations. Section 14(h) extends this definition to “such other proceedings, before any court, tribunal or other person, as may be prescribed”. Section 16 provides that representation for criminal proceedings is available to an individual if they are “specified” and the “relevant authority” has determined they qualify.

Contempt proceedings have been specifically classified as “criminal proceedings” for legal aid purposes under LASPO, by virtue of section 14(h) and Regulation 9(v) of the Criminal Legal Aid (General) Regulations 2013.

Section 28(2) of LASPO is of central importance. It stipulates that a person providing services under legal aid arrangements:

“must not take any payment in respect of the services apart from— (a) payment made in accordance with the arrangements, and (b) payment authorised by the Lord Chancellor to be taken”.

This provision underpins the “prohibition against topping up,” preventing legal aid providers from charging clients privately for publicly funded services.