Funding Flashcards
What legal funding is available to all suspects at the police station?
A) Free legal advice, regardless of financial means
B) Only legal aid for those on welfare benefits
C) Free legal advice only for serious offences
D) Funding that must be repaid after the case
A) Free legal advice, regardless of financial means
How is police station legal advice accessed?
A) By applying to the Magistrates’ Court
B) Through the Defence Solicitor Call Centre (DSCC)
C) By requesting a representation order
D) By contacting the Crown Prosecution Service
B) Through the Defence Solicitor Call Centre (DSCC)
For non-imprisonable offences, police station advice is usually:
A) Limited to telephone-only advice
B) Provided in person by a solicitor
C) Available only if the suspect pays privately
D) Funded by the Crown Prosecution Service
A) Limited to telephone-only advice
What is required for a defendant to secure public funding for legal representation in court?
A) Passing the means test only
B) Passing the merits test only
C) Passing both the means test and the merits test
D) Requesting a duty solicitor at trial
C) Passing both the means test and the merits test
Which defendants automatically pass the means test?
A) Those under 18 or receiving specified welfare benefits
B) All defendants who plead not guilty
C) Any defendant earning less than £25,000 per year
D) Only those accused of indictable-only offences
A) Those under 18 or receiving specified welfare benefits
In the magistrates’ court, when is a defendant eligible for public funding without a full means test?
A) If their weighted gross annual income is below £12,475
B) If they have a suspended sentence
C) If they pass the interests of justice test
D) If they are accused of a violent crime
A) If their weighted gross annual income is below £12,475
What happens if a defendant’s income is between £12,475 and £22,325 in the magistrates’ court?
A) They automatically fail the means test
B) They must complete a full means test (CRM15 form)
C) They must pay for their defence privately
D) They must represent themselves
B) They must complete a full means test (CRM15 form)
What is the capital and equity allowance threshold for Crown Court cases?
A) £10,000
B) £20,000
C) £30,000
D) £50,000
C) £30,000
In Crown Court cases, when is a defendant eligible for public funding with no contribution required?
A) When their household disposable income is below £3,398
B) When they are charged with an indictable-only offence
C) When they have a private solicitor
D) When they request police station advice
A) When their household disposable income is below £3,398
If a defendant’s disposable income is between £3,399 and £37,499.99 in the Crown Court, what happens?
A) They must pay a contribution towards defence costs
B) They are automatically ineligible for public funding
C) They must represent themselves
D) They qualify for free legal representation
A) They must pay a contribution towards defence costs
What form must a defendant complete to apply for legal aid in criminal proceedings?
A) CRM14
B) CRM15
C) DSCC01
D) CPS10
A) CRM14
Which defendants automatically pass the merits test?
A) Those who have prior convictions
B) Those charged with indictable-only offences
C) Those with annual incomes below £10,000
D) Those whose cases are handled by a duty solicitor
B) Those charged with indictable-only offences
The merits test considers whether the case is:
A) Serious or complex enough that the defendant cannot conduct their own defence
B) Likely to result in a fine rather than imprisonment
C) Suitable for trial in the Crown Court
D) Likely to be resolved through an early guilty plea
A) Serious or complex enough that the defendant cannot conduct their own defence
A defendant is likely to pass the interests of justice test if:
A) Their reputation will be seriously damaged by a conviction
B) The case involves a substantial question of law
C) They may lose their livelihood
D) All of the above
D) All of the above
Which of the following is NOT a relevant factor in the interests of justice test?
A) The complexity of cross-examining a prosecution witness
B) Whether the defendant’s family will suffer if they go to prison
C) Whether a conviction could result in job loss
D) Whether the case involves a significant legal argument
B) Whether the defendant’s family will suffer if they go to prison
A defendant is charged with an offence that may result in imprisonment. They earn £40,000 per year and do not receive welfare benefits. What is the likely outcome of their legal aid application?
A) They automatically qualify for free legal representation
B) They fail the means test and must pay privately
C) They automatically pass both the means and merits test
D) They qualify for a duty solicitor for the entire case
B) They fail the means test and must pay privately
A defendant is charged with an either-way offence that is sent to the Crown Court. Their household disposable income is £5,000. What is the funding outcome?
A) They are ineligible for public funding
B) They qualify for public funding but must pay a contribution
C) They qualify for full public funding with no contribution
D) They must hire a private solicitor
B) They qualify for public funding but must pay a contribution
A defendant is charged with a minor offence that does not carry imprisonment but wants public funding. Which of the following will likely happen?
A) They will automatically receive a representation order
B) They may fail the interests of justice test
C) They will qualify if they have a prior conviction
D) They must contribute 90% of their income to legal fees
B) They may fail the interests of justice test
A 25-year-old defendant is charged with a summary-only offence that carries a maximum fine of £500. They earn £15,000 per year and do not receive welfare benefits. They apply for legal aid in the magistrates’ court. What is the most likely outcome?
A) They will automatically qualify for public funding
B) They will fail the means test but pass the merits test
C) They may fail the interests of justice test because the case is not serious enough
D) They will be required to pay a contribution towards their legal costs
C) They may fail the interests of justice test because the case is not serious enough
A defendant is charged with an indictable-only offence and is sent to the Crown Court. They have a gross annual income of £30,000 and own a property with £40,000 in equity. What is the likely funding outcome?
A) They will automatically receive full public funding with no contribution
B) They will fail the means test and must pay privately
C) They will qualify for public funding but must contribute towards their defence costs
D) They will only qualify for public funding if they have prior convictions
C) They will qualify for public funding but must contribute towards their defence costs
