Legal Aid

Legal aid in criminal cases is administered by the Legal Services Commission (“LSC”). Since April 2001 this has been through the Criminal Defence Service of which this firm forms part. The rules and regulations are complex and change constantly. In certain circumstances legal aid in criminal matters is non-means tested. This firm undertakes a large amount of legal aid work.

Police Station advice

If you are arrested you are entitled to free and independent legal advice irrespective of your means and the offence for which you have been arrested. This advice can be delivered on the telephone but if you are to be interviewed by police, it is usually desirable to have a solicitor with you at the police station to advise in person.

Legal aid at the police station is available not only through the Duty Solicitor scheme (of which Birds Solicitors is a member) but also if you wish to contact this firm to seek advice directly. We run an emergency service to provide advice for those in police custody 24 hours a day 365 days a year. Call us on 07966 234994.

DSS benefit fraud interviews

In order to obtain advice for a DSS benefit fraud interview, you have to satisfy a very stringent means test and sign a legal aid form in advance. Legal aid for such cases is limited to those on a low income. If you do not qualify for such advice, you will have to pay privately for any advice and/or representation.

Magistrates Court cases

Legal aid for a case in the Magistrates Court is means tested. In general terms, if you earn more than £21000, you may not qualify for legal aid unless you can show exceptional hardship or your case is ultimately to go to the Crown Court when the means test does not apply. It is essential that you complete the appropriate legal aid application forms in advance of your first court hearing so that your application can be considered before you appear at court. You will need to provide documentary proof of your income and outgoings unless you are in receipt of Jobseekers Allowance or Income Support when you automatically pass the means test.

Legal aid is also subject to a merits test so that legal aid is not generally granted for very minor offences. If you are to appear in the Magistrates Court you should speak to a solicitor about legal aid as soon as possible.

If you arrive at court unrepresented and have not previously applied for legal aid, in some cases, you are able to obtain the advice of a duty solicitor at court.

Once a decision has been made that your case will ultimately be heard at the Crown Court, legal aid will be granted regardless of your means.

Crown Court cases

Legal aid for cases which are to be tried in the Crown Court are not subject to any means test. Legal aid will normally be granted for such cases as they are generally more serious than those which are tried in the Magistrates Court.

You will be required to provide proof of your means as, should you be convicted, the Court may make a costs order against you.

Court of Appeal cases

If you have a case in the Court of Appeal where leave has been granted for the appeal to go ahead, you will generally have legal aid for an advocate. In some cases your legal aid may also allow a solicitor to prepare your case.
Appeal cases (including CCRC applications)

If you are seeking advice from us in relation to an appeal where we did not represent you at trial or in relation to an application to the Criminal Cases Review Commission, legal aid may be available to you. The advice and assistance scheme is strictly means tested and will not allow public funds to be spent on your case if you have more than a specified amount of capital or income. Most people in prison serving long sentences will qualify for such advice subject to the value of their assets.

Private work

If you do not qualify for legal aid you are able to pay privately for your representation and should contact us for an estimate of the likely costs.