Funding - criminal law

Why are criminal legal aid services under the legal aid agency in the ministry of justice?

Legal Aid, Sentencing, and Punishment of Offenders Act 2012

what can you get as legal aid at the police station?

free legal advice and representation from a duty solicitor

is everyone entitled to this legal aid?

yes

when may advice be limited at the police station?

if the offence is minor

what is the process for a defendant to request legal aid by telephone?

- defendant request passed to Defence Solicitor Call Centre

OR

- defendant chooses own solicitor and won't pay for advice if solicitor has contract with Legal Aid Agency

what does the Legal Representation Scheme do?

- Can help defendants find their court costs

- Pay for any solicitor and barrister fees who charge preperation for the trial as well as advocacy

is the Legal Representation Scheme avaliable for all charges?

- no, only avaliable for charges leaching to imprisonment

What does a defendant have to qualify under for legal representation?

- the means test

- the interests of justice test

how do defendants pass the means test (huge weiner)?

- under 18 (automatically passes)

- income support

- income-based jobseekers allowance

- universal credit

- state pension guarantee credit

- income-based employment and support allowance

What is the requirements of the means test in Magistrates court?

- defendant and partner has to have a combined income below £22,235

- defendant, if single, has to have an income below £12,475

when can a person get free legal advice and representation at Magistrates court and when does this not apply?

on date of a trial can get free legal advice and representation by court duty solicitor but does not apply to less serious cases such as minor driving offences

What is the requirement of the means test in Crown Court?

you may be able to contribute towards the cost of legal representation from income or capital if they're above a certain amount

are contributions to legal costs refunded, and when if yes?

Yes, if found not guilty and may have to pay extra from their capital

are people more likely to qualify for the means test in Crown or Magistrates and why?

Crown as eligibility is easier to obtain

What are the requirements of the interests of justice test?

- if found guilty defendant is likely to be imprisoned, lose his liberty, and/ or suffer serious damage to his reputation

- the case involves a point of law that needs consideration

- the defendantcannot understand the proceedings in court or state his own case

how many key interests of the justice factors does a defendant need to meet to pass?

1

Name other ways of financing advice and finding representation.

- privately paying solicitors and barristers

- defendant can represent himself

When can solicitors instinct a barrister (when paying privately)?

if criminal case is complex and/or if the Solicitor does not have the Solicitor advocate qualification preventing them from representing their client

Why may a defendant represent himself?

- could not access criminal legal aid

- could not afford to privately pay for legal help

- have a legal background and feel confident to do so