Funding
Police Station
Representation at the police station is free for everyone who will be interviewed under caution whether arrested or attending as a volunteer. This is irrespective of means, age and (save for a very few limited exceptions) the offence in relation for which you have been arrested.
Court Proceedings
Legal Aid
Funding for criminal matters has become more complicated since the introduction of means testing firstly in the Magistrates' Court and most recently in the Crown Court.
All applicants applying for legal aid must submit a CDS14 and CDS15 to the Court where the proceedings are taking place for the Court to asses the applicant's eligibility for legal aid.
The test for eligibility for legal aid is two stage and consists of:
1. The "interests of justice" test
The broad rule is that only offences that are potentially imprisonable qualify the applicant for legal aid. This is not, however, always the case and those that are particularly vulnerable including:
- those under the age of 18
- those with mental health problems or other medical disabilities
- and those who are subject to a suspended sentence, conditional discharge or other Court Order may qualify for legal aid.
2. The means test
Those applicants who are in receipt of "passported benefits" automatically qualify for legal aid under the means test. Passported benefits include:
- Income Support
- Income Related Employment and Support Allowance (ESA)
- Income - Based Jobseeker's Allowance (JSA)
- Guarantee State Pension Credit
This does not mean that those that own their own home; work full time or have savings in the bank will not qualify for legal aid: eligibility under the means test is assessed after taking into account an applicant's "disposable income".
Crown Court proceedings
Where your case is committed or sent to the Crown Court you may be asked to contribute to the cost of the proceedings. The Court will assess the amount of the contribution based on your disposable income and the maximum amount will be capped based on the seriousness of your case and the length of time that it goes on for.
You can visit the Legal Aid Agency website for further details but as you can see from the above the rules regarding eligibility are complex and take into account a number of different considerations. Our team at H.P. Gower Solicitors understand this and we can tell you if you qualify for legal aid. We are happy to:
- advise you regarding your eligibility for legal aid
- assist you in completing your application for legal aid
- advise you about any likely contribution that the Crown Court may request from you
- where your application for legal aid has failed on the "interests of justice" test, appeal that decision on your behalf
- where your application for legal aid has failed on the means test and there has been a change in your financial circumstances, appeal that decision on your behalf
All that we ask is that when you attend the office you bring with you any and all of the following that are applicable to you:
- Where you are in receipt of benefits you must bring your National Insurance number and any recent correspondence from the Benefits Agency
- Where you are in employment of any type you bring your last three wage slips
- Where you pay rent/mortgage in excess of £500 per calendar month proof of that liability
- Where you own your home a document showing your monthly payments
- Where you live with your partner or are married and live with them any of the above that apply to them
Private funding
Where we advise you that you are not eligible for legal aid or you fail the means or the "interests of justice" test and therefore not eligible for legal aid we may still be able to assist you.
Legal expenses cover
Many household contents and motor insurers provide for the payment of your own and the other side's legal costs in the event that you are charged or summonsed in relation to a criminal offence. Each policy of insurance is different and some may be subject to restrictions. Even though the company is funding your case, our principle duty is to you. We would be happy to consider your policy documents and advise you on whether you can take advantage of such an arrangement.
Fixed fee arrangement
If you want to pay for our services on a private basis, then we would be happy to provide you with an up-to-date list of our current charges. Our private rates are very reasonable and competitive for those ineligible for public funding. We offer our clients a simple "fixed fee" structure. This means that from the outset we will provide you with a simple fixed fee quote based on the work involved which is payable in advance. This figure is based on the amount of anticipated court attendances and the expected case preparation involved. Although this estimate may be subject to revision in certain circumstances with an additional fee payable normally you will know how much the proceedings are going to cost you from the outset and therefore before you commit yourself financially.
