Law Weblog

Changes to Magistrates’ Courts legal aid scheme

Monday 3 July 2006 at 9:19 pm | In News | Post Comment

The Criminal Defence Service (Financial Eligibility) Regulations 2006 set out the criteria relating to financial eligibility which must be satisfied before individuals involved in criminal proceedings in a magistrates’ court may receive publicly funded representation.
From 2nd October 2006 legal aid will automatically be given to individuals who are
on certain benefits e.g. income support, or
those under 16, or
those under 18 and in full-time education.

An individual will have to make contributions towards a Representation Order if his gross income is between £11,590 and £20,740 (after deductions). Those receiving over £20,740 are not eligible for assistance.

Calculations and awards will no longer be made by the Magistrates’ Court but by the Legal Services Commission by virtue of The Criminal Defence Service (Representation Orders and Consequential Amendments) Regulations 2006. Very high cost cases may still attract state funding for individuals outside the earnings limit and can be referred to the High Court for its decision.