Changes To Legal Aid
Bobbetts Mackan have been committed to the provision of Legally Aided legal services for many, many years. The changes that have now come into force are very clumsy and have not been thought through by the Government or the Legal Services Commission.
They have just made it too complicated and longwinded.
The result of these changes has created delays in court and could result in serious miscarriages of Justice. We are doing all that we can to continue to protect our client’s interests but we need their help in providing the court with the information it needs.
Clients who find themselves involved in criminal proceedings may have to wait longer for things to happen in their case, this is because the new system has not been designed to take account of how the Criminal Courts operate and the urgency of many situations.
Legal Aid in criminal cases has not been ‘means tested’ in the Magistrates Court and has been subject to contribution at the end of a case in the Crown Court where the defendant has been convicted.
From October 2nd this has changed.
In the Magistrates Court full means testing has come into effect and now applies to all applications for cases to be paid for by Public Funds by way of grant of legal aid.
In the Crown Court it is still not ‘means tested’ at the start of the case but it continues to be subject to a contribution, if convicted, at the end.
What is the impact?
Anyone now applying for legal aid in Criminal Cases in the Magistrates Court will have to fill up an 11-page form saying why they need legal aid and dealing with what is known as ‘the merits test’ – this basically deals with ‘why’ legal aid should be granted in any particular case.
Those at Court processing these applications have to be satisfied that anyone applying should get legal aid as a result of the type of case it is and the consequences to the applicant. Although there have been some small changes, it is very much the same test as was applied before.
The ‘means test’ also has to be passed and this is best understood in the following stages
Stage 1. Anyone on one of the following state benefits will qualify –
You only have to fill up the one form called CDS14
Stage 2. Anyone not on one of those benefits will have to fill up a very detailed 13-page form – CDS15 giving details of
The Legal Services Commission and the department for Constitutional Affairs have come up with quite a complicated formula. Means are assessed at the court and taking income and outgoings and responsibilities into account they will decide whether the applicants get legal aid or not.
If, after they have done the calculation the applicants income is less than £11,590 a year legal aid will be granted.
If it is less than £20,740 a year and the applicants have a calculated disposable income of less than £3,156 a year legal aid will be granted.
Stage 3. Self employed applicants will find it more complicated as a complex means test approach is taken. That is dealt with by the Legal Services Commission not the court.
Stage 4. Applicants who are refused legal aid and cannot afford to pay can appeal to a hardship unit run by the Legal Services Commission.
We will advise on the steps that can be taken to appeal a refusal decision. We can also advise on alternative ways of paying for our advice and representation and the full extent of the service that we offer as your personal lawyers.
Contact us for more information or e mail defence@bobbetts.com
They have just made it too complicated and longwinded.
The result of these changes has created delays in court and could result in serious miscarriages of Justice. We are doing all that we can to continue to protect our client’s interests but we need their help in providing the court with the information it needs.
Clients who find themselves involved in criminal proceedings may have to wait longer for things to happen in their case, this is because the new system has not been designed to take account of how the Criminal Courts operate and the urgency of many situations.
Legal Aid in criminal cases has not been ‘means tested’ in the Magistrates Court and has been subject to contribution at the end of a case in the Crown Court where the defendant has been convicted.
From October 2nd this has changed.
In the Magistrates Court full means testing has come into effect and now applies to all applications for cases to be paid for by Public Funds by way of grant of legal aid.
In the Crown Court it is still not ‘means tested’ at the start of the case but it continues to be subject to a contribution, if convicted, at the end.
What is the impact?
Anyone now applying for legal aid in Criminal Cases in the Magistrates Court will have to fill up an 11-page form saying why they need legal aid and dealing with what is known as ‘the merits test’ – this basically deals with ‘why’ legal aid should be granted in any particular case.
Those at Court processing these applications have to be satisfied that anyone applying should get legal aid as a result of the type of case it is and the consequences to the applicant. Although there have been some small changes, it is very much the same test as was applied before.
The ‘means test’ also has to be passed and this is best understood in the following stages
Stage 1. Anyone on one of the following state benefits will qualify –
- Income support.
- Income based job seekers allowance
- Guarantee state pension.
You only have to fill up the one form called CDS14
Stage 2. Anyone not on one of those benefits will have to fill up a very detailed 13-page form – CDS15 giving details of
- All of their income.
- The income of their partner.
The Legal Services Commission and the department for Constitutional Affairs have come up with quite a complicated formula. Means are assessed at the court and taking income and outgoings and responsibilities into account they will decide whether the applicants get legal aid or not.
If, after they have done the calculation the applicants income is less than £11,590 a year legal aid will be granted.
If it is less than £20,740 a year and the applicants have a calculated disposable income of less than £3,156 a year legal aid will be granted.
Stage 3. Self employed applicants will find it more complicated as a complex means test approach is taken. That is dealt with by the Legal Services Commission not the court.
Stage 4. Applicants who are refused legal aid and cannot afford to pay can appeal to a hardship unit run by the Legal Services Commission.
We will advise on the steps that can be taken to appeal a refusal decision. We can also advise on alternative ways of paying for our advice and representation and the full extent of the service that we offer as your personal lawyers.
Contact us for more information or e mail defence@bobbetts.com
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Bobbetts Mackan Solicitors & Advocates
Ground Floor, Griffin House, 15-16 Lower Park Row, Bristol BS1 5BN
T 0117 929 9001 F 0117 3164900
VAT Registered No. 137 8318 52
24hr Criminal defence helpline Tel 0117 9298987
E info@bobbetts.com
Authorised and regulated by the Solicitors Regulation Authority (SRA). SRA number 70535.
Ground Floor, Griffin House, 15-16 Lower Park Row, Bristol BS1 5BN
T 0117 929 9001 F 0117 3164900
VAT Registered No. 137 8318 52
24hr Criminal defence helpline Tel 0117 9298987
E info@bobbetts.com
Authorised and regulated by the Solicitors Regulation Authority (SRA). SRA number 70535.