access to justice anf funding in criminal system

• advice in criminal cases:

  anyone held as a suspect at a police station has the right to free legal advice. There is a duty solicitor scheme available 24 hours a day which is government funded.

  May be on telephone or face to face.
• private funding:

  • own resources- consulting a solicitor privately
  • insurance
• cannot use conditional fee agreements in criminal cases.
• public funding in criminal cases:

  Since 2013, criminal legal aid services have been under the Legal Aid Agency in the Ministry of Justice.

  In order to get representation at court for a criminal case the defendant has to qualify under an 'interests of justice' test. A means test.
• Interests of justice:

  a defendant will only get help with legal funding if they pass the interests of justice test. These factors are;

  • whether they are likely to lose their liberty or livelihood or suffer damage to reputation
  • case will involve consideration of a point of law
  • individual is unable to understand proceedings in court
  • case may involve tracing, interviewing of witnesses
  • it is in the interests of the other person that the individual be represented (rape cases)
• Magistrates Court means testing:

  as well as qualifying under interests of justice there is a strict means test often described as the 'in or out' scheme where applicants are either;

  • eligible for legal aid
  • or ineligible

  Those on Income Support, under age of 16 and under 18 in full time education automatically pass the means test.

  around 3/4 of adults don't qualify, tested based on gross income.
• Crown Court means testing:

  No upper limit on disposable income and most receive legal aid. It is free for those on low incomes and those on higher incomes (below £37,500) have to pay towards their legal aid.

  Those above this amount have to pay privately.

  If a defendant is found not guilty any contributions are normally refunded.