criminal legal aid

• is criminal legal aid demand led?

  yes
• is there a set budget?

  no
• what tests have to be met in order to be granted funding?

  -merits test

  -means test
• what was said under S16 LASPO?

  Legal aid authority directly funds public defenders & duty solicitor schemes
• what does S14 LASPO outline?

  means test
• what are the 2 sections of the means test?

  -magistrates court

  -crown court
• what are the 2 tests under magistrates means test?

  -initial test

  -full test
• what is the initial test?

  if income between £12,475 - £22,325 you are eligible for legal aid
• what is the full test?

  you may have to contribute to funds if earn over the initial test amount (up to 90% disposable income)
• what is the means test for crown court?

  if annual household disposable income is above £37,500 you are not eligible for funding
• what is the merits test aka?

  interests of justice test
• what is the name of the criteria that considers relevant factors for the merit test?

  Widgery criteria
• what factors make up the widgery criteria (if you will be granted legal aid)

  -Is D likely to lose liberty

  -is Q of law involved

  -if D cannot understand proceedings (diff language)

  -does case require expert cross-examination