Legal aid

Question 1

what is a representation order?

Answer 1

court order authorising legal aid

Question 2

how do the legal aid tests apply in the MC and CC?

Answer 2

Same tests in MC + CC but the outcome is different.

Question 3

how is legal aid applied for?

Answer 3

submit forms to the LAA

(CRM14 + CRM15 financial statement (unless automatic))

Question 4

briefly, what are the legal aid tests?

Answer 4

1. interests of justice test
2. means test

Question 5

what factors are considered under the interests of justice test? (9)

Answer 5

o D likely to lose liberty / livelihood
o D was prev. given a suspended / non-custodial sentence and the court may deal with the original offence on this occassion
o D may not be able to understand / present case

Only relevant where D pleads NG:
o D will suffer serious reputational damage
o Case involves substantial question of law (common where evidence disputed)
o Ws need to be traced / interviewed
o Case involves x-examination of P’s W
o It is in someone else’s interest (not D/D’s family’s interest)
o Any other reason it is in the interest of justice

Question 6

when is the interest of justice test always met?

Answer 6

in CC cases

Question 7

when is the means test always met?

Answer 7

if D is on benefits or under 18

Question 8

what is calculated to establish if the means test has been met?

Answer 8

Calculate disposable income (NB: capital not considered)

Question 9

what are the means test thresholds in the MC?

Answer 9

more than £3,389 = ❌

Question 10

what are the means test thresholds in the CC?

Answer 10

less than £3,389 = ✔️
£3,389 - £37k = eligible, but must contribute
more than £37k = ❌

Question 11

can a refusal of legal aid be appealed? If so, how?

Answer 11

o Interest of justice  can appeal by re-submitting with more information or lodging an appeal
o Means test  cannot be appealed. Can ask to be reconsidered if genuine hardship & cannot pay (CRM16).