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Legal aidTopic 13

Legal aid

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Legal aid

Introduction to legal aid

1. Criminal and civil funding

2. Eligibility

3. Conditional fee arrangements

4. Types of help

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Criminal and civil funding

Funding for legal help and advice is controlled by the Legal

Services Commission.

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Criminal Defence Service

The Legal Services Commission is also responsible for

public funding in criminal cases and the majority of its

budget is spent here. As with civil funding, the LSC has set

up an organisation to administer criminal legal aid known

as the Criminal Defence Service.

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Legal aid

Community Legal Service

The Community Legal Service (CLS) administers civil

advice and assistance, at a cost of £846 million in 2004/05.

Contracts are negotiated with firms of solicitors with the

relevant expertise and the firms are then paid on a

monthly basis. Only those firms of solicitors with a contract

can carry out publicly funded work. To get a contract, the

firm of solicitors will need to have a ‘quality mark’, which is

only awarded after inspection by the CLS.

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Civil legal aid

The Community Legal Service provides a number of

different types of help in civil matters:

• legal help

• help at court

• approved family help

• legal representation

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Legal aid

Legal help

The Community Legal Service provides those that are

eligible with up to 2 hours of advice and assistance with

any legal problem.

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Help at court

The Community Legal Service allows an eligible party to

have a solicitor or advisor to speak for them at a court

hearing.

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Approved family help

In family cases, Community Legal Service is available to

assist in resolving disputes, often using mediation.

Mediation is a type of dispute resolution that helps parties

to reach an agreement. Advice and assistance are

available for those attending family mediation or for those

who are not attending mediation but who require general

help.

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Legal representation

This service allows representation in court for both

claimants and defendants. Two different types of

assistance are available:

• Investigative help allows the strength of a claim to be

assessed.

• Full representation covers legal representation in court

proceedings.

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Legal aid

Eligibility

To qualify for some types of civil legal aid, certain

conditions must be met and the applicant must not exceed

certain financial limits.

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Legal aid

Legal help, help at court and legal representation

Assistance will only be given if there is a benefit to the

client and it is reasonable for the matter to be funded.

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Financial limits• Monthly income must not exceed £2,288.

• Disposable income: if a person’s income is less than £2,288, he or

she must have a disposable income of less than £632. A partner’s

income can also be taken into account. For the Legal Representation

Scheme, a contribution will have to be made by anyone with a

disposable income between £232 and the £632 limit.

• Capital, e.g. savings, stocks and bonds, must be under £8,000.

A contribution may be required from those with between £3,000 and

£8,000.

• Benefits: those in receipt of income-based Job Seeker’s Allowance

will qualify automatically.

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Conditional fee agreements

Following the Access to Justice Act 1999, some cases which

previously qualified for legal aid are no longer eligible for public

funding.

Personal injury cases fall into this category, and those who wish to

make such a claim have to find alternative means of funding it.

Potential claimants with enough money can fund the cases

themselves, but this is prohibitively expensive for many, who seek

an alternative. To meet this need, conditional fee agreements (CFAs)

are heavily promoted by solicitors and personal injury firms.

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Legal aid

Criminal legal aid

• advice and assistance

• police station advice and assistance

• advocacy assistance

• representation

• duty solicitors

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Advice and assistance

The Criminal Defence Service funds help from a solicitor,

including:

• giving general advice

• writing letters

• negotiating

• getting a barrister’s opinion

There is a means test, and a client is not eligible if his or

her disposable income exceeds £1,000 a month.

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Police station advice and assistance

Anyone questioned over an offence — whether arrested or

not — can get free legal advice from a contracted solicitor.

This type of help is not means tested. The person involved

can choose between the duty solicitor, a solicitor from the

police list or his or her own solicitor if he or she has one.

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Legal aid

Advocacy assistance

This provides the cost of a solicitor preparing a case and

initial representation in certain proceedings in the

Magistrates’ and Crown Courts. It also covers

representation for defendants who have not paid a civil

fine or those who have breached a civil court order and are

at risk of imprisonment. Such assistance is subject to a

merits test but there is no means test.

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Representation

Those summoned for or charged with a criminal offence

can apply for funding to cover the cost of a solicitor to

prepare a defence and for representation in court. If a

barrister is needed, these costs will also be met. If

necessary, advice regarding an appeal is also covered.

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Duty solicitors

Duty solicitors are available either at the police station or

at the Magistrates’ Court and give free legal advice to

those who require their assistance.