Public Funding

·         Police Station Advice and Assistance – neither means nor merits tested – applies to those under arrest and who attend police station voluntarily

·         Advice and Assistance – means, but not merits tested – covers pre charge advice only and excludes advice and assistance at police station. V limited in its scope.

·         Advocacy Assistance – neither means nor merits tested – Court Duty solicitor should be available at every sitting of mags court. Paid for by Criminal Defence Service. May make an application for bail, deal with mode of trial and make plea in mitigation, but not conduct a trial or hearing to commit a case to the crown court. Client entitled if in custody (unless already had help from DS in respect of same matter), on bail and charged with imprisonable offence, at risk of imprisonment for failing to pay fine/failing to obey court order.

·         Legal Representation – merits tested

Mags: all clients, irrespective of means, entitled to free representation (legal aid) subject to merits test. See below.

Crown Court: if found guilty/appeal unsuccessfully against conviction, may be subject to costs order for work undertaken in Mags and Crown Court – Criminal Defence Service (Recovery of Defence Costs Orders) Regulations 2000.

If convicted D likely to receive sentence that would deprive him of liberty, livelihood or seriously damage his reputation; substantial question of law involved; inadequate English or mental illness or disability; defence will require tracing of witnesses or expert x-examination of prosecution witness; desirable in interests of others; any other reasons – representation will be free in Mags. Application to court in which proceeding by Form A. Initial order may be made to cover mags only OR if either way/indictable, a through order may be made in mags to cover work in mags and crown court.

·         Costs orders – on conviction D generally ordered to pay all or part of prosecution costs

·         Article 6 (3)(c) HRA Everyone charged with Criminal offence has right to free assistance if not have means.

Benham – one should have access to legal aid for a criminal case, could lose liberty

·         Hand out and fill in form A – Merits testing to apply for right to representation – reasons – eg already on community punishment order, medical student BMA, challenge admissibility, need to find witness

·         Gather information – look for alibis

• CPS – advanced disclosure, further evidence
• Police custody records, interview tapes, medical records
• Talk to Case Progression Officer
• Talk to/trace other witnesses. Interview them
• Write to client, client care letter (Principle 13.01). Take full instructions from client
• Discuss first hearing
• Perhaps negotiate with CPS – lower charge, some admissions.
• CCTV

1st section is administrative, applicant, partner (household income) and income - Should they be passported?

2nd section interest of justice, what are they being charged with, who are the co accused etc, if they are any co-accused have to state why can't have same solicitor (conflict of interest) 
1 solicitor = all co accused get same public funding and same solicitor if no conflict

3rd section - why should be given legal aid, seriousness, complexity and subject to means the state will pay. If not can represent himself or pay for representation. 

Many clients cannot pay provide privately and so CRM14 is essential. 
Top Tips!

• Remember the person assessing the application, knows nothing about the case, why should your client be given legal aid, explain in full!
• Understand what will be persuasive - difficulties and arguments (guidance) 
• Merit section - tick correct criteria that apply and explain appropritately more boxes = liklihood of success