Funding Flashcards
1
Q
What tests must be met for funding?
A
Means test
and
merits test
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.
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.
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
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
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