criminal law sector

• in terms of government avenues of advice, what is available in criminal cases?

  A duty solicitor is available for anyone held at a police station- it is free, and non means tested
• what are the two things tested when getting means tested?

  The applicant's disposable income and disposable capital
• what is meant by a means test?

  The applicant's financial circumstances are tested- they will only apply for government funding if their income falls below a certain threshold
• What is tested in the means test when the Claimant's disposable income is tested?

  The applicant's gross income per month must be below a certain threshold- if they do, then the disposable income is calculated by deducting fees like taxes and national insurance. Then the applicant may fully qualify or qualify partially and make contributions
• what is tested in the means test when the claimant's disposable capital is tested?

  Disposable capital is the applicant’s savings etc. The maximum limit forfunding is £8000. The value of the applicant’s home is taken into account even if there is a mortgage. Only the first £100,000 of the mortgage is deducted.
• what are the two tests for funding that are done in criminal cases?

  Means and Merits test
• what is the merits test?

  It is the interests of justice test
• What are the 5 factors to be considered in the merits test?

  If the case will efect the D's liberty, livelihood or reputation

  if the case involves a point of law

  If the D cannot understand proceedings or represent themself

  If the case involves witness testimony

  If it is in the interests of a thhird party that the D is represented
• in the magistrate's court, who automatically qualify in the means test?

  Those on income support, under 18 years of age, in full time education
• in the crown court, what is the threshold to pass the means test?

  if their income is more than £ 37500. If they earn more than that, the defendant will have to contribute- however, if found not guilty then the defendant will be refunded
• what does section 13 of the legal aid, sentencing and punishment of offenders act 2012 say?

  it states that legal aid for advice and assistance is provided for a suspect who detained in police custpdy who has requested legal advice
• what are the facts of the legal assistance given under section 13 of the legal aid, sentencing and punishment of offenders act 2012?

  The legal aid provided under this section and act is not means tested, it is provided by duty solicitors usually by phone at first. The duty solicitor will decide whether a suspect qualifies for the scheme, and either telephone or face to face advice. Then, the solicitor can claim for attending at the police station if they can show that their attendance was expected to "materially progress the case".