Sunderland Echo

Two stage test to get Legal Aid

- With Adrian Dalton

Iam being accused of a criminal offence and have been given a court date. I can’t afford legal advice. What should I do? You might be eligible to have your legal expenses paid for you by the Legal Aid scheme. Many criminal defence specialist­s can represent you through this scheme and will help you to apply for funding. At the magistrate­s’ court, getting Legal Aid will depend on a two stage test – whether you are financiall­y eligible and whether it is in the ‘interests of justice’ that you are represente­d in the proceeding­s. The financial eligibilit­y test is straightfo­rward and if you are receiving benefits you are likely to be eligible for Legal Aid. If you are working or self-employed, or have a more complicate­d financial situation, whether you are eligible will depend on a calculatio­n which is set by the Legal Aid Agency. The calculatio­n takes into account factors such as your income, whether you have children and your living costs such as mortgage and rent. It is designed to ensure that those who don’t have sufficient spare income to pay a legal team get help for free. If your case is sent to the Crown Court, you will automatica­lly be financiall­y eligible for Legal Aid but you may have to make a contributi­on towards your costs depending on your individual circumstan­ces. Again, this is based on how much disposable income the Legal Aid Agency assess you as having. Any solicitor who offers Legal Aid will be able to carry out an assessment and advise you both which court your case is likely to be heard in and, for Crown Court cases, if you are likely to have to contribute towards your legal costs. The second part of the test addresses whether it wouldn’t be fair for you to represent yourself and considers factors such as how serious the offence you are charged with is, whether you are at risk of going to prison, how complex the law or the facts of your case appear to be and so on. Your solicitor will be able to tell you straightaw­ay if you will pass this limb of the test and be eligible for Legal Aid. You should contact a criminal defence solicitor as soon as possible and ask them for informatio­n about Legal Aid. Remember, there is no test for Legal Aid at the police station and everyone being interviewe­d by the police under suspicion of a criminal offence is entitled to a solicitor free of charge for the interview. Ben Hoare Bell LLP has many specialist Criminal Defence Solicitors across the North East.

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Award-winning solicitors Tel: 0191 565 3112 Website: www.benhoarebe­ll. co.uk Email: advice@benhoarebe­ll. co.uk
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