The Purkiss Partnership is contracted with the LEGAL AID AGENCY in accordance with the terms of the General Criminal Contract is authorised to provide legal assistance and legal representation under Legal Aid,  WHEN AVAILABLE in relation to:

1. ‘Criminal Investigations’ at Police Stations (and other venues):
2. ‘Criminal Proceedings’
   – in the Magistrates’ Courts.
   – In the Crown Courts
   – In the Appeal Courts  (if necessary)
3. ‘Courts-Martial Proceedings’
4. ‘Complex Criminal Cases’ and ‘Serious Fraud’.

Whether ‘Legal Aid’ will be available, to a particular applicant, in a particular set of circumstances is not a straight-forward issue each case needs to be considered on its own unique circumstances.

Please take advantage of  ‘free initial advice’ from one of our solicitors to see whether LEGAL AID may be available to you.

More detailed advice and specifics relating to ‘LEGAL AID’ can be found on the ‘JUSTICE’ Website operated by the Ministry of Justice.

Legal aid

1. ‘Criminal Investigations’ at Police Stations (and other venues)
   LEGAL AID is almost always available, FREE of charge, in relation to   attendances at any Police Station where the person attending may be suspected of committing an offence.LEGAL AID at the Police Station is NOT means tested and in most circumstances no forms or paperwork is required.
2. ‘Criminal Proceedings’:
   i) in the Magistrates’ Court;LEGAL AID in any Magistrates’ Courts matter is both MERITS TESTED and MEANS TESTED.To apply for Legal Aid you must complete an ‘Application Form’  ‘CRM14’ and depending on your income (and normally that of your partner) you may have to complete a ‘Means Form’  ‘CRM 15’ and provided proof of income, 3 months wages slips  etc…

   MERITS TEST-

   Based upon what is written in the ‘ CRM 14 ’ the Legal Aid Agency assess whether the case is sufficiently complex or serious to justify the grant of LEGAL AID.

   If there is a genuine risk of ‘custody’ then the MERITS TEST is usually passed.
   If there is a real risk of  ‘losing employment’ then the MERITS TEST is usually passed.
   If there is a real risk of ‘damage to character’ then the MERITS TEST is usually passed.
   If a ‘Complex Issue of Law’ will arise then the MERITS TEST is usually passed.
   If vulnerable witnesses are involved then the MERITS TEST is usually passed.
   If ‘Expert Evidence’ may be required then the MERITS TEST is usually passed.

   It is important that ALL relevant matters are contained within the CRM 14 ‘Application Form’ otherwise LEGAL AID may be refused when it should have been granted.

   If the Legal Aid Agency REFUSE to pass the application based upon the MERITS an appeal lies to the Magistrates.  In limited circumstances other appeals may exist.

   MEANS TEST

   Based upon what is written in the ‘ CRM 15 ‘  and what is confirmed in pay slips, bank statements and other means documentation required, the Legal Aid Agency assess whether the applicants INCOME  meets strict ‘financial eligibility’ criteria.

   Only INCOME is taken into account in Magistrates’ Courts matters.

   The ‘eligibility criteria’ are NOT generous.

   Most applicants in full time employment on even a modest income will not initially be assessed as eligible for LEGAL AID.
   (A HARDSHIP appeal can be lodged in some circumstances.)

   In Magistrates’ Courts cases you either PASS both MERITS and MEANS TESTS,  in which case LEGAL AID is granted FREE OF CHARGE or you fail one or both tests and LEGAL AID is REFUSED.

   ii) in the Crown Court:

   In Crown Court cases all applications have to be submitted through the local Magistrates’ Courts.Initially the same forms, the CRM 14  and  CRM 15 have to be completed, together with pay slips and other financial documentation.

   Initially the process is exactly the same although most cases that proceed to the Crown Court would pass the MERITS TEST that is applied.

   MEANS TESTS

   At the Crown Court the means test is significantly different.

   Initially the Legal Aid Agency calculates an applicant’s income.  (taking partners income into account)

   If the income level is below a certain level LEGAL AID is granted FREE OF CHARGE.

   If the ‘disposable’ income level is above a certain level LEGAL AID is REFUSED.

   In between the two levels the Legal Aid Agency will make an assessment of how much an applicant must contribute from INCOME and grant LEGAL AID but will require (and enforce) the payment of 6 x monthly payments of up to £900 per month towards defence costs that may be incurred as the case progresses.

   IF the applicant is found NOT GUILTY then any payments made will be refunded (with interest).

   If the applicant is found GUILTY in addition to possibly contributing to Prosecution Costs he will be expected to pay towards Defence Costs incurred.

   Example(s)
   a) If DEFENCE COSTS amount to £1,000 but the applicant has paid £1,800 the £800 balance will be returned to him.
   b) If DEFENCE COSTS amount to £5,000 but the applicant has already paid £1,800 from income and he has less than £30,000 in CAPITAL then he will   NOT be asked to pay any further amounts towards DEFENCE COSTS.
   c) If DEFENCE COSTS amount to £5,000 but the applicant has already paid £1,800 from income and he has say £40,000 in CAPITAL then he will be       asked to pay an additional payment from CAPITAL of £3,200 to cover all        defence costs incurred.

3. ‘Courts-Martial Proceedings’
   Military Proceedings against a member of the armed forces, a member of the Army, Air Force or Navy are conducted by may of ‘Courts-Martial’.LEGAL AID is normally available to cover any such proceedings.Specific documentation will need to be completed but all assessments and documentation is supplied by and considered by the Armed Forces Legal Aid Authority based at RAF UPAVON.

   For advice on applying for LEGAL AID in such proceedings please make use of the ‘free initial advice’ service the firm operates.

4. ‘Complex Criminal Cases’ and ‘Serious Fraud’
   Theses cases commence in the Crown Court and the same basic procedure is followed as described above.Most such cases are governed by specific contracts between the Defence Team and Legal Aid Agency.