Britain: An official handbook > 1966

LAW AND ORDER 97
Appeal rests with a judge of that court who may also grant legal aid for the
purposes of a further appeal to the House of Lords.
The cost of legal aid in magistrates’ courts is paid out of the Legal Aid
Fund. In the higher courts payments are made in the first instance out of
local authority funds and the cost is reimbursed by the central Government.
Legal aid in criminal proceedings in Scotland came into operation in 1964
to replace voluntary arrangements operated by the legal profession; it is now
available in the High Court of Justiciary, the sheriff courts and the special
juvenile courts (see p. 87). In these courts legal aid is available to all persons
in custody on their first appearance in court. Otherwise, it is granted at the
discretion of the court except in appeals where the final decision whether or
not to grant legal aid is in the hands of the Supreme Court Committee of
the Law Society of Scotland.
Oral advice on legal matters is available, both in England and Wales and in
Scotland, free of charge to persons in receipt of national assistance and at a
very reasonable cost, i.e. at 2s. 6d. for an interview of up to thirty minutes,
to those of limited means. Advice is given by practising solicitors paid out
of the legal aid funds of the two countries. The scheme is administered by the
two Law Societies, which also run voluntary schemes (for a fee of £1) for
those who do not qualify for statutory assistance.
In Northern Ireland free legal aid in criminal cases is afforded to poor persons
under the Criminal Justice (Northern Ireland) Act 1945, the cost being met
from public funds.
Under the Legal Aid and Advice Act (Northern Ireland) 1965, a legal
aid and advice scheme similar to that in operation in England and Wales
has been introduced. The scheme is to be administered by the Incorporated
Law Society of Northern Ireland and is expected to come into operation by
the end of 1965.
TREATMENT OF OFFENDERS
The chief aims of the penal system of the United Kingdom are to deter the
potential law-breaker and to reform the convicted offender. The element of
deterrence is intended to lie in the fear of detection, public trial, and possibility
of punishment rather than in the severity of the punishment itself. In England
and Wales the penal system is under review by a Royal Commission which is
re-examining, in the light of modern knowledge of crime and its causes, the
concepts and purposes which should underlie the punishment and treatment
of offenders.
Except in relation to murder and certain rare offences for which there is a
fixed penalty, the court has discretion to select the penalty (within maxima
prescribed by law) that it considers most suitable in the light of the circum¬
stances of the offence and the offender. In general, the courts have power to
impose either imprisonment or a fine for serious offences (both in certain
cases); while most minor offences are punishable by a fine only, with the
alternative of imprisonment if the fine is not paid. Moreover, the court has
discretion to discharge an offender absolutely, to place him on probation or (in
England, Wales and Northern Ireland only) to discharge him conditionally
(i.e. subject to the condition that he commits no offence during a specified
period not exceeding twelve months). Summary courts, when they consider