Legal Aid Funding
Police Station
Individuals arrested and interviewed at the police station retain the right to request a solicitor of their choice.
The police station Advice and Assistance Scheme allows for all clients to receive such help totally free of charge, provided the offence under investigation is sufficiently complex and serious.
This advice scheme only applies while the individual is actually in custody. If the investigation lasts for several weeks or months then Advice and Assistance outside of the station is available to those of low income.
Magistrates Court
Since October 2006, Legal Aid in the Magistrates Court is only available if the court determines a defendant satisfies:
- merits test, and
- means assessment.
The court must be satisfied as to the complexity or seriousness of the offence charged and also that the client is not capable of funding the matter themselves.
Solicitors within our Magistrates Court department can quickly advise as to whether Legal Aid will be granted.
Crown Court
There is no formal means test for Legal Aid in the Crown Court. If the Magistrates send or the Defendant elects to have their case heard in the Crown Court then Legal Aid is likely to be granted in the vast majority of situations.
A representation order will include provision for advice from both a solicitor and an advocate who will either be a barrister instructed by ourselves or one of our own in house higher court advocates.
Legal Aid covers all reasonable preparation and advocacy on your case together with subsequent advice on appeal when necessary.
At the end of the case the Court will decide whether to order a contribution to the costs of your representation. This will only be considered if you plead guilty or you are convicted of the charge you face. The judge will have assessed your own means following submission of a separate statement of means Form B.
Our out-of-hours emergency crime telephone number is 01702 339168. Alternatively, you can email our team on crime@btmk.co.uk
