Criminal Public Funding

Advice and Assistance

This scheme covers our giving general advice, writing letters and negotiating before someone is charged or summonsed. It does not cover representation in court. It may be available also in relation to appeals or prison law. You will need to fill in a form about your finances. We will then be able to let you know whether you qualify for free help under this scheme. You will need to provide information on your capital and income.

Police Station Advice and Assistance

You have a right to free legal advice when you are questioned by the police about an offence. Your finances do not need to be assessed.

Advocacy Assistance

This is the assistance available in some proceedings in the Magistrates Court and Crown Court. It also covers assistance for prisoners in relation to certain Prison Law matters. This help is available if your case passes a 'merits test'. The only financial test relates to prison law matters. If you qualify for this assistance you will not be required to pay any contribution.

Representation

This applies if you have been charged or summoned for a criminal offence. The scheme covers the cost of your solicitor preparing your case, the costs of your representation in court and advice on appeal. As soon as possible after you are charged or receive a summons you should come to see us so that we can help you fill out the necessary forms which will set out a description of the case and details of your finances. We will send the forms to the relevant court who will consider whether it is in the 'interests of justice' to grant you Representation. Some offences can only be dealt with in the Magistrates Court. For those offences you will also need to pass a 'Means Test'. In the Crown Court and Appeal Court the Judge is able to ask you to pay a contribution towards your Representation costs at the end of your case if he/she considers that it is reasonable to do so. The Judge will have information on your finances when making this decision.

Further Information

The Legal Services Commission has prepared a very helpful leaflet setting out more information on the Criminal Defence Service and the public funding which is available at the Police Station and in Court. This also provides information on the Duty Solicitor Scheme. The leaflet ' 'A Practical Guide to Criminal Defence Services' is available on the Legal Services Commission website at www.legalservices.gov.uk.