Funding

Question 1

Funding

Publically Funded Schemes

There’s 3

Answer 1

Duty Solicitor Scheme- advice at police station from duty solicitor, non-means tested.

Solicitor Scheme at Court- free & non means-tested, not for trial but for someone in custody, applying for bail or risk of prison.

(1) Free Standing Advice/Assistance (30mins) & (2) Advocacy Assistance (narrow)

Question 2

Funding/Representation Order

Representation Order 2 Part Test

Answer 2

Interest of Justice Test (“Merits test”)
Means Test

Interests of Justice Test automatically satisfied for indictable only of

Question 3

Funding/Representation Order

Grounds for Interests of Justice Test

There’s 9

Answer 3

Loss of Liberty (real & practical risk)
Loss of Livelihood (direct consequence)
Damage to Reputation
Substantial question of law
Physical/mental disability
Tracing/interviewing witnesses
Expert Cross-Examination
Interests of someone not defendant (e.g witness)
Any other reason

Question 4

Funding/Means Testing

Means Testing Magistrates Court 2 parts

Answer 4

1. Initial Assessment- determines Adjusted Income (gross household income weighted by no occupants), (includes partner income)…eligible or not or>
2. Full Means Test- determines Household Disposable Income (partners income included unless contrary interest)

Threshold of £3,398 or less= qualify.

Form CRM14-e

Question 5

Funding/Means Testing

Means Testing in Crown Court

Answer 5

Contributory Scheme assessed against both Income and Capital (includes equity)

D may contribute some or all of costs via a Contribution Order

(refunded with interest if acquitted)

Threshold 30k (capital & equity)

Form CRM14-e