Criminal Legal Aid
The Legal Services Agency manages criminal legal aid on behalf of the government.
Criminal legal aid is available for people charged with a criminal offence.
Grants of criminal legal aid are generally to people who could face a prison sentence of 6 months or more.
The criminal legal aid process gives providers some flexibility within a framework, called the Proceedings Steps, which specifies a maximum number hours that providers will get paid for each step in a case. Each proceedings step has a standard rate expressed in hours or a dollar amount, called the Guideline Hourly Rate (GHR), attached to it. In the majority of cases grants are made within the framework.
This system balances the need for provider autonomy with the requirement to be responsible and accountable for public funds.
Eligibility
Section 8 of the Legal Services Act 2000 says who can apply for Criminal legal aid and what the criteria are.
Who can apply for Criminal legal aid
- Any person who is charged with or convicted of an offence can apply.
Criteria for Criminal legal aid
- The Agency believes that the applicant does not have sufficient means to enable him or her to obtain legal assistance. The Agency will consider the applicant’s income and disposable capital.
- The Agency considers that the interests of justice require that the applicant be granted legal aid. The Agency must have regard to:
- how serious the offence is
- the consequences for the applicant if legal aid is not granted
and may have regard to: - in respect of an appeal, the grounds of the appeal
- any other circumstances that, in the opinion of the Agency, are relevant
- The Agency may not grant legal aid to a child or young person (as these terms are defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) in respect of any proceedings against that child or young person for an offence if these proceedings are heard in a Youth Court.
When legal aid is refused - applications for reconsideration/Legal Aid Review Panel
If an applicant is refused legal aid they will be directed to see a duty solicitor (or their preferred lawyer) for advice and assistance, if appropriate, with completing Reconsideration Form 11
