5. First hearings before the magistrates' court

Question 1

Where do defendants aged 17 or under go?

Answer 1

The youth court

Question 2

Presumption as to when plea will be made:

Answer 2

CJSSS: Presumption plea will be made at the first hearing

Question 3

If a not-guilty plea is made at the first trial, when should the trial date be fixed

Answer 3

within 6-8 weeks

Question 4

When is theft a summary offence?

Answer 4

Low-value shoplifting (aggregate value of goods does not exceed 200)

Question 5

When is criminal damage treated as a summary only offence?

Answer 5

If the value of property damaged is less than 5000, it will be treated as summary unless damage was caused (1) by fire or (2) to a memorial

Question 6

When can trainee solicitors attend the police station and charge for their work?

Answer 6

Must be accredited or probationary police station representatives

Question 7

Where do ‘duty’ solicitors claim their costs?

Answer 7

Duty solicitors claim their LAA costs from the ‘Advocacy Assistance (Court Duty Solicitor) Scheme’

Question 8

Two tests that a defendant who wants criminal legal aid must satisfy (in magistrates)

Answer 8

1. Interests of justice test
2. The means test

Question 9

Client needing LAA: when will they need to submit financial statements with supporting evidence? Form?

Answer 9

1. Form CRM15
2. If they do not automatically qualify the means test

Question 10

LAA Application: Which considerations are relevant in the interests of justice test, regardless of the intended plea:

Answer 10

1. Loss of liberty
2. Suspended sentence / non-custodial
3. Loss of livelihood

Question 11

Who automatically qualifies for legal aid without needing to satisfy the means test?

Answer 11

• Applicants who receive income support, income-based jobseeker’s allowance, a guarantees state pension credit, income-based employment and support allowance or universal credit; and
• applicants who are under the age of 18

Question 12

When undertaking the ‘means test’, what is subtracted from gross annual income to arrive at a figure for ‘disposal income’

Answer 12

1. tax and national insurance
2. annual housing costs
3. annual childcare costs
4. annual maintenance to former parties and any children and
5. an adjusted annual living allowance

Question 13

If an applicant fails to qualify for LAA because they have failed the means test, can they appeal?

Answer 13

No, they do not have this right

Question 14

What can an applicant do if they fail the means test?

Answer 14

1. if they can show that they genuinely cannot afford to fund their own defence, they may ask for a review on the grounds of hardship (CRM16)

Question 15

Does LAA mean that legal representation is totally free?

Answer 15

1. In MC, if there is LAA it will cover everything
2. in CC, LAA may be available subject to D paying a contribution

Question 16

If a representation order for an either-way offence is granted by MC, but MC decline jurisdiction / D wants to go to CC, is a new representation order required?

Answer 16

If (either-way offence) magistrates decline jurisdiction or D elects trial in Crown Court, representation order extends automatically to cover the Crown Crown proceedings

Question 17

If an applicant for legal aid is refused for failing the interests of justice test - can they appeal?

Answer 17

Yes, adding further details to their original form CRM14
- or requesting an appeal