Public Funding Flashcards
what does the ECHR provide?
everyone charged with a criminal offence has the right to defend themselves with legal assistance of their own choosing or, if he does not have sufficient means, it to be given free if it is in the interests of justice to do so
when can a solicitors’ firm obtain LAA funding?
- Solicitors’ firm must have a ‘general criminal contract’ with the LAA to obtain funding
what are the stages of the solicitors’ advice?
Solicitor’s Work at the Police Station
Solicitor’s Work after Charge
re: solicitor’s work at the police station
what is the position?
- S at the station (by arrest or voluntary) is entitled to free legal advice, regardless of means
re: solicitor’s work at the police station
how does a solicitor claim?
- Solicitor claims a fixed fee under Police Station Advice & Assistance Scheme
re: solicitor’s work at the police station
what is the fee?
One fee regardless of how much time is spent with the client / how many visits (unless the case is very serious / very time consuming
re: solicitor’s work at the police station
can non-solicitors claim?
- Non-solicitors (i.e. trainees) can claim so long as they are accredited or probationary police station representatives
re: solicitor’s work at the police station
how does the duty scheme work?
stations have duty solicitor schemes which solicitors can be members of.
When they are ‘on duty’, they may be called to the station to give advice to S without legal representation
re: solicitor’s work after charge
what are the types?
Court Duty Solicitor Scheme
Representation Order
re: court duty solicitor scheme
explain this
- Duty solicitor will be at court to advice any Ds who do not have a solicitor but require legal advice/representation
re: court duty solicitor scheme
how does the solicitor claim their costs
- Solicitor claims costs from the LAA under the Advocacy Assistance (Court Duty Solicitor) Scheme
re: representation order
what is this?
an order authorising payment of legal aid for D
re: representation order
how does D obtain this?
D will need to apply for this (two-part test)
Ds must complete online form CRM14 application for legal aid + (unless D automatically satisfies the means test) CRM15 financial statement
re: representation order
how does a solicitor claim their costs?
- At conclusion of the case, solicitor claims costs under RO from LAA
re: representation order
what tests are applied in the CC and MC?
The same test is applied in the MC and the CC (but outcome is different)
Part 1 – Interests of Justice
Part 2 – Means Test
re: representation order
if successful, what are the possible outcomes on the CC and MC?
- MC > D not be required to contribute to legal fees (LA is free or not available)
- CC > D may be required to contribute to fees, depending on their income
re: representation order
explain the interests of justice test in relation to the CC
- NB: this limb is always satisfied in the CC