12 Questions
What is the purpose of the 'Defence Solicitor Call Centre' (DSCC)?
To provide free telephone-only legal advice to suspects at the police station for non-imprisonable offences
Who is considered a 'solicitor' under the Police and Criminal Evidence Act 1984 (PACE)?
Both (a) and (b)
What are the two tests a defendant must pass to obtain a 'representation order' for public funding of their court appearance?
The means test and the merits test
Who can provide free legal advice to suspects at the police station under the DSCC?
Both qualified solicitors and accredited representatives
What is the primary purpose of the 'means test' for obtaining a 'representation order' for public funding?
To assess the defendant's financial eligibility for public funding
What is the primary purpose of the 'merits test' (or 'interests of justice' test) for obtaining a 'representation order' for public funding?
To ensure the defendant's case meets the 'interests of justice' criteria
What is the key requirement for securing public funding for legal aid?
Passing a means test and a merits test
Which defendants are 'passported' and automatically pass the means test?
Defendants under 18 years of age and/or those on specified welfare benefits
How is the weighted gross annual income calculated for the initial means test in the magistrates' court?
The applicant's gross annual income is added to any partner's income, unless the partner is the complainant, a prosecution witness or a co-defendant in conflict with the applicant
What happens if the applicant's weighted gross annual income is between the lower and upper thresholds in the magistrates' court means test?
The applicant will be required to undertake a full means test
What is the threshold for annual household disposable income in the full means test for the magistrates' court?
£3,398 or less
What options does an applicant have if they have failed the means test or have unusually high outgoings or defence costs?
They can apply for an eligibility review or a hardship review
Learn about how defendants in criminal proceedings can obtain public funding for their defense through representation orders. Understand the entitlement to free legal advice at the police station, with limitations for non-imprisonable offenses. Explore the role of accredited representatives in providing legal guidance.
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