Legal aid

• The defendant must go to solicitors first
• A barristers role is to advocate in any court, draft legal documents and provide specialist advice to solicitors as they are trained to deal with complex issues, research case law
• Referral profession is when the public usually consult a solicitor first who will instruct a barrister if needed
• Most barristers are self-employed but 20% work for an employer
• The Bar Pro-Bono unit where Barristers provide free legal advice and sometimes free representation for those not eligible for Legal Aid or who cannot afford the legal fees.
• Anyone held at a police station is entitled to free legal advice under the 24 hour Duty Solicitor Scheme which is funded by the Government.
• Advice can be sought privately from a solicitor but has to be paid for.
• Law Centres - these operate in disadvantaged areas and provide free legal advice which is not means tested. Sometimes they may represent a client in court.
• Citizens Advice Bureaux (CAB) - Deal mainly with benefits, housing and consumer issues. But, they could advise on non-payment of Council Tax (which is a crime) should you be summoned to court for example. The advice is free.
• The Legal Aid Agency governs the Criminal legal aid services and has done since 2013
• To qualify for criminal legal aid for representation at a criminal court the defendant must satisfy the ‘interests of justice’ test as well as a means test. For individuals that do not qualify their only option is to privately fund a solicitor or barrister or perhaps contact the pro-bono unit for advice.
• interests of justice test - this means someone will only get help if their liberty or livelihood is at stake, if there are complex legal issues such as a defendant probably not going to understand the proceedings in court (child, someone of low intelligence).
• Means test - the defendant’s financial position looked at such as disposable income and capital. If D is living on the lowest means they will receive funding no matter the cost of the case. Those on higher incomes may be refused legal aid and have to contribute to their case.
• Insurance - Policies might be for car insurance, home insurance, ‘before event insurance’.
• What does a certificate of advocacy allow for a legal expert to do?


  It allows for solicitors to advocate in higher courts under the courts and legal service act 1990