funding and allocation post charge and pre trial.

Question 1

public funding 3 types. article 6(3) echr.

Answer 1

1. police station funding this stops after conviction.
2. pre trial work leading up to trial this is done on an hourly rate.

3.legal aid representation order covers all work done for the court

Question 2

getting the accused to trial.

Answer 2

most common way to get them to trial is to charge them at the police station then they are given a court date to show up to court. charged on the advice of the cps.

Question 3

what is the means test.

Answer 3

this looks at the means that a person has to be able to pay for legal work done for them.
looks at their disposable wage altered for living conditions and children in the household.

Question 4

what is the left over annual income for the means test.

Answer 4

more than 12,475 less than 22,325.
there can be a full means test done for client qualifying of legal aid to cover some of the defence cost.

Question 5

what is the merit test.

Answer 5

this is a test done to prove whether it be in the interest of justice for a person to be represented at court in trial.

Question 6

what are the criteria standards for the merit test.

Answer 6

• understanding court procedures.
• finding and examining witnesses.

-interests of justice.

• interests of the victim.

-loss of liberty.

-damage to reputation.

-loss of livelihood.

Question 7

ancillary matters.

Answer 7

there is an application form online.
crm 14/15
can appeal refusal on interests of grounds of justice by way or oral application.
no appeal against refusal on means test can ask to reconsider to make a hardship application.

Question 8

what is a summary offence.

Answer 8

these are things like common assault and drunk and disorderly public orders.

Question 9

what is an either way offence.

Answer 9

sexual assault and offences against the person.

Question 10

summary procedure.

Answer 10

magistrates court.
quickly and efficiently.
enter plea
if guilty adjourn for 2-3 weeks.
if not guilty 6-8 weeks adjournment for a later date.

Question 11

either way offences.

Answer 11

first hearing at the magistrates court .

enter plea if guilty at this point the court have to sentence or commit to sentence.

if not guilty have to send the case to the crown court.

If not guilty need to consider venue where the trial will take place at an allocation hearing. allocation procedure.