Laws Device

The Criminal Justice System of England and Wales provides the mechanism for maintaining law and order. If an individual is accused of a criminal offence it is this system which will be utilised in an attempt to establish the truth. It is a cornerstone of the English legal system that suspects are entitled to a fair procedure and in order to ensure they have the best defence possible is will often be necessary for them to engage the services of a criminal lawyer at various stages during the process. However this can be expensive and far beyond the financial remit of many who require the service. To combat this and to ensure the suspected criminal can have a proper defence it may be possible for the accused to obtain Legal Aid which can provide the required services at no cost.

Criminal Legal Aid can provide a significant amount of legal services, for example: advice from a solicitor on criminal matters, free advice at the police station whilst being questioned, preparation of a case and representation in court. It is not an automatic right to receive Criminal Legal Aid although it is likely to be granted if required to help preserve a fair, balanced procedure. It would be highly unsatisfactory if accused were not afforded with this protection since the prosecution have such better resources.

Anyone can apply for Legal Aid by completing an ‘Application for Legal Aid in Criminal Proceedings’. Whether that application will be successful or not depends on a range of factors. The main considerations relate to the type of legal problem you have, your income and assets and whether there is a reasonable chance of winning your case. When applying try and take evidence of income if you can, typically those with incomes of over £21,000 will not be eligible except if they can show exceptional hardship. For those earning less than £21,000 but more than £12,475 a more complex means test is carried out to determine the individual’s disposable income in an attempt to decipher whether they are really reliant on Legal Aid.

As well as passing these considerations an applicant must also satisfy the interests of justice test which concerns whether you require the legal help in the interests of justice, things such as potential loss of liberty and livelihood will be taken into consideration.

Legal Aid is extremely valuable to the justice system of England and Wales and the role it plays in preserving civil liberties is significant since it provides those who may not be fortunate enough to afford it with the means of obtaining the legal advice they require. The old maxim that it is better for ten guilty men to walk free than for one innocent man to lose his freedom would be in jeopardy were it not for provisions such as Criminal Legal Aid.