On 30 July, 1949, the Legal Aid and Advice Act received Royal Assent, heralding the creation of the modern legal aid system. Last week, sixty years later, the Legal Action Group (LAG) held its conference to mark the anniversary of what is arguably one of the key components of the welfare state. Given the impact of the recession, both on government spending and on potential litigants looking to enforce their rights, this is an especially important time to reflect on the past, present and future of legal aid.

A brief history of Legal Aid

In the sixty years since the recommendations of the Rushcliffe Committee were implemented in the Legal Aid and Advice Act 1949, the role played by legal aid has expanded hugely – and 2009 will see more than two million people receive funding to help with their legal problems. But the roots of legal aid lie with the Poor Prisoners Defence Act 1903, which put the first statutory system in place for funding private litigation out of the public purse.

In 1930 the Government introduced the principle that criminal legal aid should be granted wherever it was 'in the interests of justice' to do so, a principle which still remains in place today. After the passing of the Legal Aid and Advice Act 1949, the system moved from its original charitable basis, where lawyers provide their services for free, to a system based around securing justice and rights for all.

The legal aid system expanded throughout the second half of the century, being introduced to the county courts in 1956, the magistrates courts for domestic proceedings in 1961 and into the new Family Court in 1972. Legal aid ensured that thousands received representation across landmark cases, including the Marchioness inquest, the Thalidomide compensation cases and, more recently, the Gurkhas' high-profile immigration case.

Present day

Recent years have seen a raft of legislation affecting the provision of both civil and criminal legal aid. From the Access to Justice Act 1999 to the Legal Services Act 2007, the Government has taken a proactive approach to managing legal aid. But these changes have received a mixed reception, with Baroness Helena Kennedy QC referring to 'the present Government's lamentable record on legal aid'.

Much of the criticism surrounds the Government's stance on funding the legal aid system. Recent reforms have been accused of being merely cost-cutting measures. In June, the Ministry of Justice announced that it would be introducing means testing for Crown Court cases. This means that defendants with an disposable income or assets over a certain threshold would have to pay a contribution towards their legal aid costs during the trial. If the trial results in an acquittal, then the payments would be returned, with interest. But concerns have been raised that such an arrangement undermines the fundamental principle that an accused is innocent until proven guilty.

The funding issue was recognised at the LAG conference by Legal Aid Minister Lord Bach (pictured), who noted that while "we want to help as many people as we can… there is no new money for legal aid". This dose of harsh economic reality was echoed by Shadow Secretary of State for Justice Dominic Grieve QC MP, who observed that "turning to the Treasury and asking for more legal aid is something that no party can promise – we all need to live within our means". So for now, at least, it seems that some belt-tightening will be required for those undertaking publically funded work.

There is clearly a huge amount of support for legal aid among the profession as a whole – and this was evident from all the speakers at LAG's conference, which was jointly sponsored by The Law Society, Garden Court North and the Legal Services Commission. Despite the pressures on legal aid practitioners, Geoffrey Bindman spoke for many when he argued that "one of the fundamentals of justice is that there is a level playing field, and that the poor person has the same resources as those ranged against him". Maintaining this level playing field will be the biggest challenges faced by the Government over the coming years.

Thom Dyke will start pupillage at Hardwicke Building from October 2009