CLP 8 - Funding overview Flashcards
What is a litigant in person?
Someone who conducts legal proceedings on their own behalf without a lawyer.
What must be submitted for a funding application?
A prescribed form with evidence supporting the applicant’s financial information.
Who considers funding applications?
A designated official at the magistrates’ court.
When can oral applications for funding be made?
- To lay magistrates if legal aid is refused
- To a Crown Court judge for contempt, breach of order, or urgent situations.
Who is entitled to free legal advice at the police station?
All clients.
How is free police station legal advice accessed?
Through the Defence Solicitor Call Centre (DSCC).
Who can provide legal advice at the police station?
Accredited reps, including trainees, paralegals, and ex-police officers.
When is telephone-only advice used?
For non-imprisonable offences.
Who is automatically (passported) eligible for legal aid?
Minors or those receiving certain welfare benefits.
At what income level is someone eligible for legal aid in the magistrates’ court?
Weighted gross annual income of £12,475 or less.
At what income level is someone not eligible for legal aid?
Weighted gross annual income of £22,325 or more.
What happens if income is between £12,475 and £22,325?
A full means test is carried out to determine disposable income.
What is the disposable income threshold for eligibility after a full means test?
£3,398 or less.
Can applicants challenge or review funding decisions?
Yes – through eligibility or hardship review.
What is the capital and equity allowance limit in Crown Court funding?
£30,000.
Can defendants be required to contribute to their legal aid?
Yes – either during or at the end of the case.
What is the disposable income threshold for full funding in the Crown Court?
£3,398 or less.
What is the threshold for being ineligible for funding?
Disposable income of £37,500 or more.
What if income falls between the funding thresholds?
Defendant may be eligible for a contribution.
What form is used to apply for legal aid in criminal proceedings?
CRM14.
What are the key considerations in the interests of justice test?
- Risk of loss of liberty
- Risk to livelihood
- Serious damage to reputation
- Substantial question of law
- Impaired ability to present own case
- Language barriers
- Age, learning difficulties, or mental health
- Need to trace/interview witnesses
- Need for expert cross-examination
- Complexity of issues
- Whether complainants are witnesses
- Child/vulnerable witnesses
- If it’s in the interest of justice for someone else
When is a case automatically passed under the merits test?
- Indictable-only offences
- Either-way offences sent to the Crown Court
What happens if the CRM14 application is refused?
A new application can be submitted or appealed to the magistrates’ court.
What can a solicitor claim under a representation order?
- Preparation
- Instructing counsel
- Expert witnesses
- Advocacy
- Routine letters and calls
What happens if a representation order is refused?
Defendant may still consult a duty solicitor if charged with an imprisonable offence.
How many times can a duty solicitor represent a defendant whose application was refused?
Only once.
