Legal Aid

The Criminal Defence Service (part of the Legal Services Commission) authorises certain firms who meet their strict requirements to provide publicly funded services to people charged with Criminal Offences or appearing before Criminal Courts. For certain offences of serious fraudulent misconduct a firm must also be specifically authorised to carry out that work (see Specialist Fraud Panel)

To ensure these standards are met Law firms are audited by a process called Peer Review which tests the quality of advice and representation given to clients. Rowberry Morris has been subject to Peer Review, most recently in April and May 2007, and continues to attain the high standards set.

Anyone charged with Indictable only offences (offences which can only be tried in the Crown Court) are effectively entitled to Legal Aid as of right. People charged with less serious offences have to pass both a merits and a means test. In the case of the merits test the court have to decide if it is in the interests of justice that Legal Aid is granted which may, though not exclusively, depend on the nature of the offence.

The means test examines an applicant's income to test whether they need Legal Aid to fund their defence. Any Defendant who receives certain state benefits will qualify, otherwise their joint income with their partner must not exceed certain limits after allowable deductions.

Applicants who do not pass the means test may appeal against the decision on the grounds of Hardship.

A Defendant may be entitled to representation at court by the Court Duty Solicitor in certain circumstances.

Link with LSC website?