Funding Flashcards

1
Q

What tests must be met for funding?

A

Means test
and
merits test

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2
Q

Which person’s are ‘passported’ for the means test?

A
  • defendants under 18 years of age; and/or
  • those on specified welfare benefits such as Universal Credit and income-based jobseeker’s allowance.
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3
Q

Mag. What are the means test thresholds?

A

Just based on income (including partner’s) :

  • Get public funding- if weighted gross annual income is £12,475 or less
  • Ineligible if above £22,325
  • Be required to undertake a full means test which will establish the applicant’s annual household disposable income- if it is below £3,398 will get funding.
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4
Q

CC What are the means test thresholds?

A

Assessed on income and capital. If above £30k

in relation to the applicant’s annual household disposable income, the applicant will be:

  • ineligible if above £37,500.
  • eligible if below £3, 398.
  • eligible for public funding with a contribution if in-between
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5
Q

Merits test - when will an applicant automatically pass?

A

A defendant will automatically pass the interests of justice test if:

  • charged with an indictable-only offence; or
  • an either-way offence is later sent to the Crown Court
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6
Q

Merits test will be passed if ‘in the interests of justice’. What are the propositions for IoJ?

A
  • I will lose my liberty
  • It is likely I will lose my livelihood
  • It is likely I will suffer serious damage to my reputation
    .
  • I have been given a sentence that is suspended or non-custodial. If I break this, the court may be able to deal with me for the original offence.
    .
  • A substantial question of law may be involved
  • I may not be able to understand the court proceedings or present my own case
    .
  • Witnesses may need to be traced or interviewed on my behalf
  • The proceedings may involve expert cross examination of a prosecution witness
    .
  • It is in the interests of another person that I am represented
    .
  • Any other reasons
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