Legal Aid

Question 1

In the following situations is Legal Aid - (a) Automatic or (b) Must be applied for:

(1) Police station
(2) Court appearances

Answer 1

(1) Automatic
(2) Applied for

Question 2

(1) In what form must Legal Aid be applied for in?
(2) What 2 people are able to make the application?

Answer 2

(1) Representation Order
(2) Applicant OR their solicitor

Question 3

In order for a ‘Representation Order’ to be granted what 2 tests must GENERALLY be met?

Answer 3

(1) MERIT Test (‘interests of justice’)
(2) MEANS Test

Question 4

What is the MERIT Test in Legal Aid?

Answer 4

‘INTERESTS OF JUSTICE’ for the Applicant to be represented

Question 5

What are the 3 key factors considered in the MERIT Test (‘Interests of Justice) in legal aid?

Answer 5

(1) Loss of LIBERTY
(2) Loss of LIVELIHOOD
(3) Damage to REPUTATION

Question 6

One of the factors considered in the MERIT Test (‘Interests of Justice) is ‘Loss of LIBERTY’. What is the test applied for this?

Answer 6

LIKELY D will receive a CUSTODIAL SENTENCE

Question 7

One of the factors considered in the MERIT Test (‘Interests of Justice) is ‘Loss of LIVELIHOOD’. What is the condition for this to be successful?

Answer 7

DIRECT relationship between conviction / sentence and employment
(e.g. sentence is lose driving licence and D is lorry driver)

Question 8

One of the factors considered in the MERIT Test (‘Interests of Justice’) is ‘DAMAGE TO REPUTATION’.

(1) What is the test of this?
(2) What is the limit on successfully using this condition?

Answer 8

(1) SERIOUS damage to reputation?
(2) Only applies NO / VERY MINOR prior convictions

Question 9

The MERIT Test (‘Interests of Justice’) can be AUTOMATICALLY met in which 2 circumstances and when will it NOT be Automatically met?

Answer 9

AUTOMATICALLY MET:
(1) Trial in CROWN COURT
(2) Juvenile (u18)

NOT AUTOMATICALLY MET:
(1) Appeals in CROWN COURT

Question 10

When will the MEANS Test be AUTOMATICALLY met. There are 2 situations?

Answer 10

(1) Juvenile (u18)
(2) Welfare benefits

Question 11

What will be used to Calculate the INITAL ‘Means Test’ in:
(1) Magistrates’ Court (1 item)
(2) Crown Court (3 items)

Answer 11

(1) Income
(2) Income, Capital & Equity

Question 12

When calculating the INITIAL ‘Means Test’ using INCOME. Whose income will be taken into account?

Answer 12

(1) Defendant
(2) D’s PARTNER (even if not living together)

Question 13

For the following, the ‘INITIAL’ MEANS test can be (a) Met (b) NOT Met (c) Subject to ‘FULL’ Means Test. Which one applies for the following:

(1) £12,475 or less
(a) MC
(b) CC

(2) More £12,475 and less £22,325
(a) MC
(b) CC

Answer 13

(1)
(a) Met
(b) Met

(2)
(a) Subject to ‘Full’ Means Test
(b) Subject to ‘Full’ Means Test

Question 14

For the following, the ‘INITIAL’ MEANS test can be (a) Met (b) NOT Met (c) Subject to ‘FULL’ Means Test. Which one applies for the following:

(1) £22,325 and more
(a) MC
(b) CC

(2) £37,500 and more
(a) CC

Answer 14

(1)
(a) NOT Met
(b) Subject to ‘Full’ Means Test

(2)
(a) NOT Met

Question 15

At what income level will the MEANS Test NOT be Met for (a) Magistrates’ Court and (b) Crown Court?

Answer 15

(a) MC - £22,325 or more
(b) CC - 37,500