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Criminal Proceedings: Public Funding and Police Station Advice

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Criminal Proceedings: Public Funding and Police Station Advice

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Questions and Answers

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 (correct)

To maintain a register of all accredited representatives who can provide legal advice at the police station

To provide free legal advice to suspects at the police station for any type of offence

To coordinate the attendance of accredited representatives at the police station

Who is considered a 'solicitor' under the Police and Criminal Evidence Act 1984 (PACE)?

Any person who is an accredited or probationary representative included on the register maintained by the Legal Aid Agency (LAA)

Any person who has completed the accreditation process to attend the police station under a LAA contract

Both (a) and (b) (correct)

Any person who holds a practicing certificate

What are the two tests a defendant must pass to obtain a 'representation order' for public funding of their court appearance?

The financial test and the interests of justice test

The financial eligibility test and the case merits test

The income test and the case merit test

The means test and the merits test (correct)

Who can provide free legal advice to suspects at the police station under the DSCC?

Both qualified solicitors and accredited representatives Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the key requirement for securing public funding for legal aid?

Passing a means test and a merits test Signup and view all the answers

Which defendants are 'passported' and automatically pass the means test?

Defendants under 18 years of age and/or those on specified welfare benefits Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the threshold for annual household disposable income in the full means test for the magistrates' court?

£3,398 or less Signup and view all the answers

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 Signup and view all the answers