◦Previously we looked at how a civil case can be funded.
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◦The Legal Aid Agency runs the scheme on criminal funding (the same as for civil funding).

Interest of Justice
◦They will only get funding if they can show they fall in at least one of the five factors;
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1.Likely to lose his liberty or livelihood
2.Involves a point of law
3.Individual is unable to understand proceedings
4.Involve the tracing, interview or expert cross examination of witnesses
5.Interest of another person that the individual be represented

get help
◦There are three ways you could be helped if you need to be represented in court for a criminal offence.
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1.A Representation Order.
2.Advocacy Assistance.
3.Free advice and representation at the Magistrates’ Court.
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legal advice
◦If you are at the police station, you have the right to free independent legal advice from a duty solicitor.
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◦ This does not depend on your financial circumstances.
◦Your request will be passed to the Defence Solicitor Call Centre.
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◦If you’re under arrest, you have the right to consult a solicitor at any time unless it is a serious case when this right can be postponed. You must be given an information sheet explaining how to get legal help.

representation order
◦A Representation Order covers representation by a solicitor and, if necessary, by a barrister in criminal cases.

financial conditions
◦To qualify for a Representation Order in the Magistrates’ court, you must meet certain financial conditions.
◦You’ll automatically meet these conditions if you’re under 18.
◦Also you’ll automatically meet the conditions if you’re getting benefits
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◦If you do meet the financial conditions, you’ll usually get help with representation in a criminal case in the Magistrates’ Court.
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◦In the Crown Court, it will automatically be in the interests of justice that you are legally represented. But you might have to contribute towards the cost of your legal representation from your income or capital.
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◦Otherwise, the financial conditions depend on your gross income and how many dependent children you have.
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◦If you have no children, you won’t get criminal legal aid in the Magistrates’ Court if you have a gross income of more than £37,500.

◦If you have a disposable income above £283.17 per month, you will have to make five contributions from your income. If you are late paying, you will have to make one extra payment.
◦If you are found guilty and have capital over £30,000, you may be asked to pay a contribution from your capital.
◦If you are found not guilty, your payments will be refunded to you.
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Advocacy Assistance
◦Advocacy Assistance covers the costs of a solicitor preparing your case and initial representation in certain cases such as:
◦Prisoners facing disciplinary charges.
◦Prisoners with a life sentence who are referred to the Parole Board.
◦ Warrants of further detention.
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◦You don’t have to meet any financial conditions to qualify for Advocacy Assistance, except if it’s a prison hearing.

Who is eligible for free advice
◦As well as having to qualify under interest of justice, there is a strict means test in the Mag Court
◦In or Out scheme;
◦Eligible – pass the initial or full means test
◦Ineligible – fail the means test and therefore are expected to pay for legal representation
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◦Those on income support, under 16 and those under 18 in full time education automatically pass the means test

Laspo criteria
1.Likely cost of providing the service and the benefit which is obtained by them
2.Availability of resources to provide the service
3.Importance for the individual of matters in relation to which the services would be provided
4.Availability of other services such as mediation
5.Services are sought by an individual in relation to a dispute, the dispute, the individual’s prospect of success
6.The public interest

civil legal aid

◦Legal Help – advice on your rights and options and help with negotiating.

◦Help at Court – someone speaks on your behalf at court, but does not formally represent you.

◦Family Mediation – helps you to come to an agreement in a family dispute after your relationship has broken down without going to court. It can help to resolve problems involving children, money and the family home.

◦Family Help – help or representation in family disputes like drawing up a legal agreement.

◦Legal Representation – representation at court by a solicitor or barrister.
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◦Controlled Legal Representation – representation at mental health tribunal proceedings or before the First-tier Tribunal in asylum or immigration cases.
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passporting benefits
◦Income Support.
◦income-related Employment and Support Allowance.
◦income-based Jobseeker’s Allowance.
◦guarantee credit part of Pension Credit.
◦Universal Credit.

disposable income
◦If your gross monthly income is £2,657 or less, your solicitor or adviser will then check what your disposable income is.
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◦‘Disposable income’ is the amount of income you have left after deductions have been made for national insurance, tax, maintenance, housing costs and certain other expenses.
◦To qualify for legal aid, your disposable monthly income can’t be more than £733.
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◦If you are within this limit, you don’t have to pay anything towards Legal Help.
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◦But if your monthly disposable income is over £315, you will have to pay a monthly contribution if you’re getting Legal Representation. The amount of the contribution depends on your income.
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disposable capital
◦If you have disposable capital (savings) of over £8,000, you won’t get legal aid. Disposable capital includes:

◦Money in the bank.
◦Valuable items.
◦The value of your home (if you own it). This depends on how much the property is worth and how much your mortgage is.
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◦If you are getting Legal Representation and your disposable capital is under £3,000, you won’t have to pay a contribution towards the costs of your case.
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◦If you have more than £3,000 of disposable capital, you will have to pay a contribution towards the costs of your case. This contribution has to be paid straight away and it will be all of the capital you have over £3,000 up to the total cost of the legal advice.