Chapter 4- Funding Criminal Cases

Question 1

Can defendants pay privately for defence fees

Answer 1

Yes, but most have their legal expenses paid by the state under LASPO 2012

Question 2

Interests of justice test

Answer 2

Is applicant entitled to legal aid based on merits of the case?

Solicitor cannot represent if:-
In connection with trial
Hearing Sending case to crown court
Connection with app for bail
Connection with non imprisonable offence
Who has their own solicitor
At an adjourned hearing

Question 3

Relevant forms for advice and assistance

Answer 3

CRM1- client details form
CRM2- application for advice and assistance form
CRM3- advocacy assistance

Question 4

What must defendants wishing to represent themselves at court obtain? How can they obtain the order

Answer 4

A representation order apply CRM14

Made to Legal aid LAA

This is granted by two tests
Interest of justice test on the CRM14
Means test on the CRM14 form

Question 5

Grounds for interest of justice test

Answer 5

Satisfy as many as possible

• loss of liberty
• loss of lively hood
• damage to reputation
• substantial question of law
• inadequate knowledge of English / disability
• tracing and interviewing defence witnesses
• expert cross examination.
• interest of another party
• any other relevant reason (advice whether tk elect or not elect jury)

Question 6

Grounds for Means testing magistrates

Answer 6

Income assessed for purpose of representation order

Def to sign an applicant declaration form

Initial assessment (household income adjusted to persons in household vices adjusted income) less than £12.5k means test passed more than £22.4K do not qualify

Initial assessment determines if they are or not eligible or if full assessment of means is needed

Full means test shows disposable income of
More than £3.4K they do not pass for means

Question 7

What applicants automatically qualify for means test in crown court and magistrates

Answer 7

If they’re under 18

Or

In receipt of benefit (universal credit) or other benefit like JSA - must provide proof of benefit and NI number

Question 8

If applicant fails means test can they apply for review decision?

Answer 8

Yes by way of CRM17 form

Can be used for hardship cases where applicant has unusually high outgoings

Question 9

Are private representation costs recoverable?

Answer 9

Yes if defendant is acquitted can apply through central funds but is capped at legal aids rates

Question 10

Means test crown court

Answer 10

Automatically satisfied if indictable only offence and either way if sent to crown court

Crown court means comes from income and capital such as assets like property. Threshold £30k

Defendants may contribute to all or some of costs using income and capital under contribution notice

Income and capital and expenditure proof to be submitted to crown court within 14 days of case sent to crown court.

Income threshold remains £3.4K disposable income

If defendant acquitted all income payments made are refunded with interest

If means test satisfied in magistrates does not need to be done in crown court unless capital exceeds £30k

Question 11

Applications for review of means test and interests of justice test

Answer 11

Interest of justice tests fails can request administrative review, if fails again can apply for appeal to be heard by the court.

Means changes can update via CRM14e form

Question 12

Who is entitled to legal representation?

Answer 12

Everyone under Art 6(4)(c) ECHR and must be provided free of charge if defendant doesn’t have means to pay