criminal courts

• 2 advice schemes
• duty solicitors - people held at police station get free legal advice, not means tested
• advice and assistance - solicitor with contract to Legal Aid Agency to do criminal legal aid work for free, only low incomes qualify, means tested
• representation in court - mags


  strict financial criteria

  means tested except U18, in education, claim most benefits

  adjusted to number of dependants in family
• representation in court - crown


  more funding available, serious cases

  d with high disposable income pay legal aid for themselves

  not guilty - refunded
• pass merits test 'interest of justice test'
• merits test - 5 factors to claim legal funding


  likely to lose his liberty or livelihood

  involves a substantial point of law

  unable to understand proceedings in court or state own case

  may involve tracing interviewing or expert cross-examination of witness

  in interests of another person that individual is represented
• pro - more funding in crown court for serious cases, more important, need representation
• pro - if d not guilty, funds paid are refunded
• pro - duty solicitors telephone service free for legal advice
• con - merits test can be applied very strict
• con - means test restrictive and strict, many do not qualify for free legal aid in mags court
• con - gov cut fees paid to lawyers for criminal cases, many solicitors firms stopped doing legal aid work
• con - duty solicitors often criticised for providing inadequate service
• con - not a deterrent to low income criminals, know they will get funding