No More Legal Aid For Criminal Proceedings?

One or two people have asked us recently if Legal Aid is still available for criminal proceedings the answer is “yes it certainly is, depending on certain criteria”.

There have been changes over the last few years to financial eligibility but the situation is fairly straightforward.

First of all an application for Legal Aid in criminal proceedings must pass the “interests of justice” test. An applicant is likely to pass that test if any of the following criteria apply:

1. It is likely that he or she will be sent to custody if they plead guilty or are found guilty. This can apply if the applicant has a bad record of previous convictions or currently faces a serious allegation.
2. He or she is currently subject to a suspended prison sentence or a Community Order (because that will be an aggravating factor which can increase the danger of a custodial penalty being imposed).
3. He or she is likely to lose their livelihood if pleading guilty or found guilty (for example if a healthcare professional is accused of violence towards a patient or if a professional driver is at risk of disqualification from driving).
4. It is likely that he or she will suffer serious damage to their reputation (perhaps because they are currently of good character, or because the alleged offence is one which the public would consider particularly reprehensible).
5. A substantial question of law may be involved (for example where the basic facts are accepted and the issues are more legalistic, such as whether or not the applicant acted dishonestly or whether or not they acted in self-defence).
6. The applicant may not be able to understand the Court proceedings or present his or her own case (for example because they are young, or have learning difficulties or suffer from mental health problems).
7. Witnesses may need to be traced or interviewed on behalf of the applicant. This can apply if the applicant intends to deny the allegation and there are people who can give evidence to the Court to support his or her account of events.
8. The proceedings may involve expert cross examination of a Prosecution witness. Again this can apply if the applicant intends to deny the allegation and cross examination of a Prosecution witness will have to be undertaken carefully.
9. It is in the interests of another person that the applicant is represented (for example where, if Legal Aid is refused, the applicant will have to cross examine in person a witness who is likely to be caused distress thereby).

The above test is not exhaustive but those are the main criteria that will be used to decide whether an applicant passes the “interests of justice test”.

If that test is not passed, the application for Legal Aid will be refused.

If the test is passed, the applicant must then pass the “financial eligibility” test.

If the applicant, or his or her partner, receives Income Support, Income-Related Employment and Support Allowance (ESA) or Income-Based Jobseeker’s Allowance (JSA), the financial eligibility tested will be passed automatically.

If the applicant and his or her partner (jointly) have a total income from all sources before deductions of no more than £239.90 per week, again the test will be passed.

If neither of the above situations applies the applicant will have to provide more detailed information and documentation such as wage slips, bank statements, rental agreement or mortgage statement and Council Tax document.

A self-employed applicant will have to provide documentation such as complete financial accounts and a Tax calculation sheet.

At the end of the day if Legal Aid is refused we are happy to represent clients on a private (fee paying) basis.

We believe our charging rates are highly competitive and usually it will cost you nothing for an initial consultation.

In a simple case we will give a fixed price quotation and in a more complex case we will quote an hourly charging rate and provide regular cost updates.

So, if you are to appear at Court remember:

1. Usually it will cost you nothing for an initial consultation (when we can complete Legal Aid application forms and/or discuss the cost of private representation).
2. Usually it will take between 1 and 2 days to get a decision as to whether a Legal Aid application has been granted or refused.
3. Being represented by a Solicitor can often make matters very much better at the end of the day.

Our out of hours telephone number is 07927 338920