Legal Aid, Sentencing and Punishment of Offenders Act 2012
Last amended by National Security Act 2023 in 2023. 9 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) made far-reaching changes in three areas. Part 1 replaced the Access to Justice Act 1999 legal aid scheme: it abolished the Legal Services Commission in favour of the Legal Aid Agency and recast civil legal aid so that services are available only for the categories listed in Schedule 1, with an exceptional-case funding safety net (s.10) where failure to fund would breach Convention or retained EU rights. Part 2 reformed litigation funding and costs — ending the recovery from the losing party of conditional-fee success fees (s.44) and after-the-event insurance premiums (s.46), and introducing damages-based agreements (s.45). Part 3 reformed sentencing and offender management, shortened the rehabilitation periods under the Rehabilitation of Offenders Act 1974 (s.139), and created the offence of squatting in a residential building (s.144).
Key Points
- Removed most civil legal aid (Schedule 1 scope) — retained for family (domestic abuse), asylum, housing (homelessness/possession), debt where the home is at risk, and clinical negligence causing severe disability
- Created the Legal Aid Agency, abolishing the Legal Services Commission
- Exceptional Case Funding (s.10) for cases where refusing legal aid would breach ECHR or retained EU rights
- Reformed CFAs — success fees (s.44) and ATE insurance premiums (s.46) no longer recoverable from the losing party
- Introduced damages-based agreements / contingency fees for civil litigation (s.45)
- Shortened rehabilitation periods (s.139) and created the offence of squatting in a residential building (s.144)
Parts & Sections
Amendments History
2022 — Police, Crime, Sentencing and Courts Act 2022
27 recorded amendment effects (legislation.gov.uk changes data).
2022 — Nationality and Borders Act 2022
22 recorded amendment effects (legislation.gov.uk changes data).
2023 — National Security Act 2023
9 recorded amendment effects (legislation.gov.uk changes data).
2023 — The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023
6 recorded amendment effects (legislation.gov.uk changes data).
2023 — The Civil Legal Aid (Housing and Asylum Accommodation) Order 2023
6 recorded amendment effects (legislation.gov.uk changes data).
Frequently asked questions
- What types of civil cases still qualify for legal aid?
- Civil legal aid is now only available for specific categories listed in Schedule 1 of the Act. These include family cases involving domestic abuse, asylum, housing issues like homelessness or possession, debt where the home is at risk, and clinical negligence causing severe disability. Other civil matters generally do not qualify for standard legal aid.
- What is Exceptional Case Funding and when can it be used?
- Exceptional Case Funding allows civil legal services to be funded outside the standard Schedule 1 categories. This safety net applies where refusing legal aid would breach a person's Convention or retained EU rights, or where it is otherwise appropriate to do so to prevent such a breach.
- Can I still recover my lawyer's success fee from the other side if I win?
- Under the Act, conditional-fee success fees are no longer recoverable from the losing party. Instead, the client must meet this fee themselves. Additionally, after-the-event insurance premiums are generally no longer recoverable from the losing party as part of costs.
- Is squatting in a residential building now a criminal offence?
- The Act created a new criminal offence of squatting in a residential building. This replaced the previous reliance on civil law for residential trespass, making unauthorized occupation of a residential property a criminal matter rather than just a civil dispute.
- Who is responsible for providing legal aid now?
- The Act abolished the Legal Services Commission and established the Legal Aid Agency. The duty to secure that legal aid is made available is placed on the Lord Chancellor, who also provides for the Director of Legal Aid Casework.