Public Funding - the Merits Test

Question 1

Applying for a representation order in the Magistrates’ Court

Answer 1

To be eligible for a representation order (public funding etc.), must pass 2 tests.

The MEANS test

• all applcants getting JSA or Income Support will automatically pass the Means Test
• so will all applicants under 18 who are not employed.
• other applicants must complete a means assessment form, taking int account their whole household income.

The MERITS test

• detailed in Schedule 3, Access to Justice Act 1999
• complete form - series of questions designed to help a legal aid officer determine whether defendant at risk of getting a custodial sentence

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