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CRIMINAL LAW DEPARTMENT
Information Sheet 4
Legal Aid Representation at Court |
We may able to arrange for you to be represented
at court on the first hearing without a full Legal representation
order being granted. If you do wish us to represent you at the
first hearing, you will need to confirm this to us.
To enable us to represent you at subsequent court hearings,
you must either have Legal Aid granted to you or pay our fees
yourself on a private basis. If you wish to pay privately, please
discuss this with the person dealing with your case so we can
advise further on the likely costs.
Magistrates Court
Legal Aid is paid for by the Government. For the Magistrates
Court legal aid is no longer means tested. Anyone is entitled
to be represented at court free of charge as long as their case
is serious enough to justify the need for legal representation._The
court will decide whether your case is serious enough to require
a solicitor to represent you. If they decide it is not then
they will not grant you Legal Aid, and we will only be able
to represent you if you pay our fees privately. It is still
necessary to sign an application form and apply to the court.
We will not be able to represent you beyond the first hearing
if a legal representation order is not made unless you wish
to pay us on a private basis.
If legal aid is granted in the Magistrates court you would not
normally have to pay towards your own legal costs. The court
can (and usually do) require you to pay a contribution towards
the prosecution costs which is a separate matter. These costs
will usually be £55 for a “summary only” case
or £118.00 for an “either way” case if you plead
guilty. These sums will be increased if there is a trial where
you are found guilty. The court will take account of what you
can afford in fixing the sum in each individual case
Crown Court
If your case is sent to the Crown Court for sentence after you
plead guilty in the Magistrates Court, the legal aid from the
Magistrates court is automatically transferred to the Crown
court and no further form is required.
If your case is sent to the Crown court for trial however it
is then necessary to complete a financial form known as Form
B. We can help you with this form if necessary. If you are working
you will need to provide copies of your wage slips, it is advisable
to collect these at this stage so they are ready for the form
to be filled in. The Crown court can withdraw your legal aid
if the form is not sent to them within 14 days of your case
being sent to the Crown Court. Provided the form is sent in
your legal aid should continue.
We will advise you further about Crown court costs if necessary
when the case reaches that stage.
If we are not able to represent you in court because Legal Aid
has been refused, and there is something you do not understand
whilst at court, you must ask the court. For example, if you
have to choose whether to have your case dealt with in the Magistrates’
Court or the Crown Court, you can ask the court to explain in
detail what is involved in the choice. Although there will be
a duty solicitor at court, you should tell the court that we
are your solicitors and that you want us to represent you. The
court can still grant Legal Aid for us to represent you even
if they have refused it previously, sometimes cases turn out
to be more complicated than the” first appeared. If this
is the case you should ask the court to reconsider your legal
aid application.
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