Funding

As a firm holding a criminal franchise we are able to undertake publicly funded work (Legal Aid Work).

Your entitlement to Legal Aid will firstly be dependent on which stage the proceedings (against you) have reached and then may be subjected to interests of justice and means testing. We have outlined what this means below.

We can assure you that every avenue will be explored to try and secure you public funding, if you are NOT eligible for public funding then we can provide a privately funded service at a highly competitive rate.

Our private fees will be a fixed fee and the amount of fee payable will be dependent on the complexity of your case, the court you are attending and the type of hearing you require representation at.

We provide an initial half hour interview for free, at which we can explore your likely eligibility for public funding and give you general advice about your case.

Police Investigation Stage

If your case is still only at the police station stage then public funding is afforded to you as an absolute right. YOU DO NOT HAVE TO PAY ANYTHING FOR REPRESENTATION AT THE POLICE STATION.

Magistrates and Crown Court Stage

Who gets legal aid?

Legal Aid is granted to an applicant who has passed the Interests of Justice test and does not have the financial means to fund their own representation in a magistrates' court.

The means test in the magistrates' court establishes whether an applicant is financially eligible for legal aid. It only considers income and expenses at this stage capital assets are not included.

Her Majesty's Court Service (HMCS) staff apply the test once they receive a correctly completed application form.

At the crown court the legal aid eligibility criteria changes. You will still be required to submit to the court a written application for legal aid. However, the tests that the court applies when assessing the application is more complicated

The "interests of justice" criteria still applies. However, the court will then move on to carry out a more in depth assessment of your means to ascertain whether you should be making a financial contribution to your legal aid.

For further advice regarding possible contribution levels and possible contribution to defence costs orders please contact us and speak to one of our solicitors.

Explanation of the means tests

Passported applicants are those individuals who automatically pass the means test. These applicants will still need to pass the Interests of Justice test to qualify for legal aid.
The initial means test assesses the applicant's income and how this is spread between any partners and children.
A full means test is carried out if, through the initial means test, the applicants adjusted income is calculated to be more than Ł12,475 and less than Ł22,325. It works out an applicant's disposable income after deducting tax, maintenance and other annual costs from the gross annual income.
The complex means test is for those who have complex financial circumstances.
Hardship Reviews can be carried out if an applicant can show they are genuinely unable to fund their own representation.
Our eligibility calculator will give you a guide on your eligibility for legal aid.

If you wish to test your eligibility then please feel free to use the Calculation Calculator provided by the Legal Services Commission.

Explanation of the Interests of Justice test

The Interests of Justice test determines whether an applicant is entitled to a Representation Order based on the merits of the case. This is also known as the "Widgery Criteria".

The applicant must indicate which of the following criteria they believe apply to their case:

It is likely that I will lose my liberty
I have been given a sentence that is suspended or non-custodial. If I break this, the court may be able to deal with me for the original offence
It is likely that I will lose my livelihood
It is likely that I will suffer serious damage to my reputation
A substantial question of law may be involved
I may not be able to understand the court proceedings or present my own case
I may need witnesses to be traced or interviewed on my behalf
The proceedings may involve expert cross-examination of a prosecution witness
It is in the interests of another person that I am represented
Any other reasons.

Court of Appeal

We also undertake extensive appeal work. We have a department that specifically deals with appeals to the Court of Appeal and Referral to the Criminal Case Review Commission (CCRC).

In some cases public funding is available for this kind of advice. Please contact us for further advise.