Acess to justice funding

Cards (3)

  • To qualify for criminal legal aid for representation at a criminal court the defendant must qualify under 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.
  • Interests of justice test
    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
    defendants 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.