Representation and Funding
You should seek legal advice as soon as possible. This should be at the police station because what happens there will directly affect the outcome if the case goes to court.
In the police station the advice is free, it is not in any way affected by the allegation or the amount you earn.
If you have not seen a solicitor at the police station then it is a good idea to see one before the first court hearing to allow time for instructions to be taken from you.
At your first appearance in court you can seek the help of the Duty Solicitor. This service is free of charge and is not linked to the court or the police in any way. The service is often provided by a rota of local solicitors all of whom have to seek specialist accreditation to join the rota. This is often the simplest way of obtaining representation if you do not have or know of a solicitor. At First Defence we have 15 Duty Solicitors making us the largest supplier of specialist criminal defence services in Bedfordshire and Northamptonshire.
Most people will be concerned about the cost of legal services. In the majority of cases public funding is available for representation. If there are court proceedings you may make an application for a Representation Order. The advantage of this process over the Duty Solicitor is that you have a choice of solicitor – you do not simply have to use the person on the rota for that hearing. The other advantage is that the solicitor that you choose to act for you under a Representation order will be able to prepare properly and will be able to appear on more than one occasion.
The application for a Representation Order is made by filling in a form which needs to be countersigned by a solicitor. We regularly complete these forms, the way in which they are completed is very important because the Clerk to the Court will consider the application by applying a “merit test”. In other words the clerk will decide whether it is in the “interests of justice” for you to have your defence funded at public expense. When considering the question of legal aid the clerk will look at the effect of the case on your job, whether there are complicated questions of law, whether you are likely to go to prison if found guilty, and whether you are unable for some reason to represent yourself.
Legal aid is now means tested so you will be asked to provide details of your finances and will be asked to sign a declaration that what you have stated is true.
If you are not given a Representation Order then you may appeal the clerk’s decision to the magistrates in open court. We are experienced in this process and can conduct the appeal for you if necessary.
If you are granted a Representation order then there will be no charge made to you by us for preparing and presenting your defence. You should be aware that if you are found guilty then you may have to pay a contribution to the cost of the prosecution. This will often be a standard figure which is significantly less than the actual cost incurred. In the majority of cases brought by the Crown Prosecution Service the cost which they ask for if you plead guilty early in the case will be less than £100. If you are found guilty after a trial the prosecution may ask that you are ordered to pay in the region of £300.
If the case is sent or committed to the crown court you will be asked to complete a further Statement of Means. If you are found guilty or plead guilty then the Crown Court judge can order that you pay towards the defence costs as well as the prosecution costs. This is not likely to happen if you are found not guilty.
In some cases legal aid is not available – for example speeding cases and other minor road traffic offences. Alternatively, the court may decide that the case is not one where it wants to grant legal aid. Lastly, it may be that you are eligible for legal aid but prefer to pay privately for your defence. In any of these instances you can make an arrangement with us to pay us to defend you.
If you have paid for legal representation and the case goes to trial, if you win the case and are found not guilty, it is possible to ask the court to order that your defence costs are repaid to you. In those cases you are not likely to have to pay the prosecution costs.
If you are not legally represented at court, you can still ask for a friend to sit with you and to take notes for you. This person cannot speak on your behalf. If you do not have a solicitor or a friend or relative that can assist then you will be assisted by the court clerk in the Magistrates’ Court or the Judge in the Crown Court. Clearly the best course of action will be to have a solicitor in attendance as he or she is trained in speaking in the court environment, and (unlike the Judge or Clerk) will have prepared for your defence in advance and will be able to argue your case forcefully.
[ 01-01-2007 ]