Funding a criminal case and Legal Aid

Question 1

Public Funding

Answer 1

Public funding is provided for by Article 6(3) ECHR which states that defendants who do not have sufficient means to pay for legal assistance should receive this free from charge when in the interests of justice.

Administered by the Legal Aid Agency (LAA)

Question 2

3 types of public funding in criminal cases

Answer 2

1. Police Station Advice and Assistance – no test, free access to legal advice for all suspects (s.58 PACE 1984).
2. Advice and Assistance (pre charge) – funding for non-police station work conducted before the suspect is charged. This is means tested, and is paid at a fixed hourly rate.
3. Representation Order / Legal Aid– covers all work post-charge (includes ALL work done for court)

Question 3

Representation Order / Legal Aid

Answer 3

Means and Merit Tested

MERIT TEST
- is it in the interest of justice since the defendant can’t pay for his own legal representation
- Criteria in s.17 of LASPO 2012 and CRM 14 which a defendant has to qualify for

MEANS TEST
- whether the defendant would be able to afford pay for his legal representation

Question 4

Passporting

Answer 4

The client will passport the means (i.e. automatically pass the means test element) if:
- under 18;
- have Income Support
- have Jobseeker’s Allowance
- Universal Credit
- State Pension Guarantee Credit
- have Employment & Support Allowance

They must have already passed the Interest of Justice test (Form CRM 14).