public funding in CRIMINAL CASES Flashcards
1
Q
what does legal aid ensure
A
you have proper legal representation, REPRESENTATION ORDER
-everyone is entitled to legal aid but there are some exceptions
2
Q
what two tests does one have to do
A
interest of justice test
means test
3
Q
interest of justice test
A
- considers merits of case, eg, a persons previous convictions, nature of offence and risk of custody
- more serious charge is or possible consequences for defendant= more likely their case will qualify for legal aid
4
Q
means test
A
- considers defendants financial position based on:
1) household income
2) outgoings
3) capital and equity
5
Q
who gets free legal aid for a criminal trial
A
if under 18
6
Q
you are more likely to get legal aid if as a result of conviction…
A
you lose your liberty and livelihood OR, you don’t have much, if any, disposable income
7
Q
what does precedent mean
A
decisions made in court that must be followed
