criminal cases

• Criminal Legal Aid services:

  • under jurisdiction of the LAA
  • Agency enters into contracts: legal firms to provide services to people charged with a criminal offence
• Advice, Assistance for individuals held in custody

  • Under s13 LASPO 2012, legal aid for advice, assistance is given for a suspect detained in police custody - requested legal advice
• • Scheme is not means tested
  • advice provided by duty solicitors, over telephone at first
  • duty solicitor: decides if suspect qualifies for the scheme anf for either telephone or face to face advice
  • solicitors: only claim for attending at the police station if they can show attendance was expected to 'materially progress the case'
• Advice and assistance for criminal proceedings following charge

  • defendant needs to pass a means, merit test: receive legal aid
  • Means test: defendant's income, capital + those of their partner will be considered together (unless contrary interest)
  • income is means tested: magistrates, crown court
  • if defendant receives state benefits: automatically pass
• merits test: 'the interest of justice'

  • test considers: if legal aid should be granted
  • example: any previous convictions, nature of the offence and risk of custody is found guilty
  • more serious, charge or consequence: likely to qualify
  • test also takes into account the 'widgery criteria'