Legal Aid in Criminal Cases
Bond Joseph is a specialist and experienced Criminal Law firm that has been awarded a contract by the Legal Aid Agency and its predecessors since 1997 to provide publicly funded criminal defence work. We also have a strong reputation for providing effective and proactive criminal defence work.
At the Police Station
The only non means tested public funding(Legal Aid) available in criminal matters is in the Police Station. Everyone who is arrested for a criminal offence (excluding very minor non-imprisonable offences) is entitled to free legal advice and assistance in their first interview at a Police Station and some other designated centres. Many investigations come to an end following that first interview. Equally many do not, and suspects are either bailed to return to the station or released under investigation. Many criminal defence firms are not prepared to advise and assist beyond that first interview. We do not adopt that practise. For those clients who would pass a Magistrates Court mean test we regularly advise and assist clients who are subject to ongoing investigations. We often make written submissions to the Police or Crown Prosecution Service as to why the investigation should be brought to an end in favour of our clients.
Magistrates Court
Legal aid in criminal cases before the Magistrates Court is subject to means and merit testing. The current means test is that if a defendant is on a qualifying State Benefit or on a very low disposable income they will pass the means test. If an applicant does not pass the means test, then no legal aid will be granted. The merit test (interests of justice test) is applied to establish whether a case is sufficiently serious to attract Legal Aid. We will explain, at a very early stage whether a case will pass the merit test. In Magistrates Court cases a Legally Aided defendant is never required to make any contribution towards their defence costs.
Crown Court
All Crown Court cases will pass the merit test. A means test is also applied but defendants may be required to pay a contribution towards their defence costs if their disposable income is in excess of the amount applied in the Magistrates Court means test. A Crown Court Legal Aid application also requires details of capital assets. Convicted defendants may be required to fund their defence costs out of capital. On acquittal all contributions paid are refunded in full.
Legal Aid Agency (LAA)
The Legal Aid regime in criminal cases is run by the LAA. We deal with the LAA all the time and we are able to ensure that every client who is entitled to Legal Aid is granted Legal Aid. The professional service we provide to Legally Aided clients is of the highest quality. On the websites of other criminal defence firms it is sometimes suggested that the service provided to Legally Aided clients is somehow ‘paired down’ we do not subscribe to this. All of our clients will receive the highest quality service irrespective of their means.
Contact
CANTERBURY
☎ 01227 45 35 45
65 Burgate – Canterbury – Kent – CT1 2HJ
MEDWAY
☎ 01634 68 55 58
11A Sherwood House – Walderslade – Kent – ME5 9UD
Email – enquiries@bondjoseph.co.uk