Funding

Question 1

What are suspects entitled to at the police station?

Answer 1

Free legal advice

This applies regardless of their means.

Question 2

What type of legal advice is limited to non-imprisonable offences?

Answer 2

Telephone-only advice

Question 3

What two tests must a defendant pass to obtain a representation order?

Answer 3

• The means test
• The merits test (the ‘interests of justice’ test)

Question 4

Who is automatically ‘passported’ for the means test?

Answer 4

• Defendants under 18 years of age
• Those on specified welfare benefits

Question 5

What is the lower threshold for public funding eligibility in the magistrates’ court?

Answer 5

£12,475

Question 6

What is the upper threshold for public funding eligibility in the magistrates’ court where ineligible

Answer 6

£22,325

Question 7

What form must defendants complete for the means test?

Answer 7

CRM15 - Full means test if in between the lower and upper thresholds.

Question 8

What is the annual household disposable income threshold for public funding? (Both courts)

Answer 8

£3,398 or less - eligible for funding if below this.

Question 9

What can applicants apply for if they fail the means test?

Answer 9

Eligibility review or hardship review

Question 10

Are defendant’s capital assets taken into account for means testing in the magistrates?

Answer 10

NO - A defendant’s capital assets are not taken into account for means-testing for magistrates’ court proceedings.

Question 11

What is the capital and equity allowance threshold for applicants in the Crown court?

Answer 11

£30,000 - applicants can be required to contribute any balance towards their defence costs.

Question 12

What applicants assessed on in crown court?

Answer 12

The applicant is assessed on their income and capital, including any equity in properties owned by the applicant.

Question 13

What are the possible outcomes of the assessment in the Crown court?

Answer 13

• Pay all costs
• Pay some costs
• Pay none of the costs

Question 14

What are the thresholds for public funding eligibility in the Crown court?

Answer 14

• Ineligible if above £37,500
• Eligible without contribution if below £3,398
• Eligible with contribution if in between

Question 15

What percentage of disposable income is required for contributions in the Crown court?

Answer 15

90 percent

90 percent of disposable income for a maximum of six months in instalments and subject to a maximum based on the type of offence (refunded with interest if the defendant is acquitted).

Question 16

What form must a defendant complete to pass the merits test?

Answer 16

CRM14

Question 17

Under what circumstances does a defendant automatically pass the interests of justice test?

Answer 17

• Charged with an indictable-only offence
• Either-way offence sent to the Crown Court

Question 18

What are the 10 propositions related to the interests of justice test?

Answer 18

• I will lose my liberty
• I have been given a suspended or non-custodial sentence
• Likely to lose my livelihood
• Likely to suffer serious damage to my reputation (Solicitors / Police officer)
• A substantial question of law may be involved
• May not understand court proceedings
• Witnesses may need to be traced or interviewed
• May involve expert cross-examination of a prosecution witness
• In the interests of another person
• Any other reasons

Question 19

What happens if a defendant fails the means test?

Answer 19

No right of appeal, but can submit another form if circumstances change

Question 20

What can a defendant do if they fail the merits test in the magistrates’ court?

Answer 20

Submit another application or appeal to the magistrates’ court

Question 21

What representation is available to defendants charged with an imprisonable offence who fail the tests?

Answer 21

Consult with the duty solicitor - can represent them on one occasion.

Question 22

What must defendants do if they do not qualify for public funding?

Answer 22

Instruct a solicitor privately or represent themselves