If you are being investigated for or have been charged with a criminal offence, legal aid can help with the costs of legal advice and representation at Court.
Not everybody is eligible for legal aid and in certain cases the government can even claim back your fees after the case has concluded.
Legal Aid at the Police Station
Legal aid at the police station is completely free of charge. You can have a solicitor of your choice or a solicitor through the duty rota scheme. When you are booked in to the police station on arrival the custody sergeant or officer will telephone either your criminal solicitor or the duty scheme to notify them that you have been arrested. The solicitor will then attend and represent you and this is funded by the Legal Aid Agency.
Legal Aid in the Magistrates Court
Legal aid in the Magistrates Court is only available if a person qualifies under both the means test and the ‘Interests of Justice’ test.
- The Interests of Justice test. The defendant, or his solicitor, must show that they require legal advice and representation. There are lots of factors that the Legal Aid Agency will take into account – including whether a person is likely to lose their liberty, whether their reputation may be damaged or whether they will not understand the proceedings without a solicitor.
- The Means Test – to qualify financially for legal aid, your income has to be below a certain level. If a defendant has a joint income (with their partner) of over approximately £22,000 per year they are unlikely to qualify for Legal Aid in the Magistrates Court.
In order to be eligible for legal aid, both tests must be passed in the Magistrates Court.
What about Legal Aid in the Crown Court?
If a case is sent to the Crown Court, Legal Aid is generally available for those that qualify under the means test. If a defendant has an above average income or owns assets (such as a house or has savings) then the Legal Aid Agency will often impose legal aid but the defendant will have to make a contribution towards their legal aid.
What is a Contribution Order?
A Contribution Order is when the Legal Aid Agency state that a defendant must pay towards their representation. It can be paid in instalments. If there is a change in circumstances and you cannot pay the Contribution Order you must notify the Legal Aid Agency about the change and you can ask for it to be reviewed.
What if I pay a contribution and I am found not guilty?
If you are acquitted (found not guilty) your payments will be refunded with interest.
If you are found guilty or plead guilty and you have assets of £30,000 or more (this can be savings, property, stocks/shares etc) then you may have to pay back the costs of the case.
Here at Churchers, our criminal defence solicitors in Hampshire are available 24 hours a day, 365 days a year.
To find out more about our legal services or to speak to one of our specialist criminal defence solicitors in Hampshire, please get in touch today on 023 9282 0747