Unit 2 – P6 Task
Explain the advice and representation available in given criminal case studies.
There are many ways that a case could be funded. When attempting to take a case to court. The issue
that may arise with taking a case to court is that it may take a lot of time and money. The expense of a
court case can result in clients not being able to fund their own case privately which would therefore
require other governing bodies to provide the support for funding and advice.
The first type of funding is private funding which can be provided for by the person themselves in the
case. The client's own savings and finances will be provided in return for the solicitor's services, and this
can be paid for on an hourly basis. The client will be notified of the costs in units as most law firms
charge by unit’s, and within each unit, there is 6 minutes that would be spent between the client and
legal representative. Clients who have a higher-than-average income would choose this type of funding
as they will be able to pay the full cost from the start of the case to the end.
Another type of funding is legal aid that clients can use if they do not have the financial resources to
privately fund their case. Legal aid is funded for by the government, and each year, the government
takes out a certain amount of money to allocate to legal aid and finding. However, the criteria that the
client must reach to qualify for a legal aid loan. Dependent on the client’s income, the legal aid could
come with no extra charge, however, if the client’s income is slightly higher than the average, then they
might need to contribute to the legal aid support. There are distinct types of legal aid that can be
offered to the client such as Legal Help and Family, which is funding for agreements and negotiations.
There is also a section under legal aid that could support the client in the court itself by providing a legal
representative. There are certain situations in which a client could receive legal aid, and these are that:
you are at the risk of abuse or acute injury, if you are at risk of homelessness, your case has elements of
crime that threaten the doctrine of human rights, you are being discriminated against or if you are
under conviction for a crime.
Means testing and an interest of justice test must be passed if a client wishes to use legal aid to fund
their case. Under the menas test, the defendant's income must be considered in order to establish
whether their financial state needs support in the form of legal aid. For cases that are sent to the
magistrate's court, legal aid may not be available because smaller cases are allocated here, however,
this aid may be more available for defendants whose cases reach the crown court. It is evident that
larger and more complex cases are sent to the higher courts which also means that they would require
more money. A lot of the defendants in these cases qualify for legal aid as their incomes do not match
the case value, if the defendant's income is less than 12, 475 pounds annually, then they pass the means
test. The results of the case are also considered; if the defendant is convicted upon guilty grounds, then
they will be required to pay most of the full amount of money that the legal aid had provided. There are
five interests of justice that the defendant must meet if they are to qualify for. The first is that if the
defendant is found guilty, then they will most likely suffer from defamation and a lack of quality of life.
The second is that the case includes an important section of law. The third is if the defendant is not
familiar with court proceedings or processes that will have to be consulted. The fourth is that the case
would require extra proceedings such as witnesses or examination reports. The final is that the victim is
affected in this case on a point of law such as sexual harassment or assault. If the defendant reaches at
least one of the five requirements, then they will be permitted to use legal aid.
Explain the advice and representation available in given criminal case studies.
There are many ways that a case could be funded. When attempting to take a case to court. The issue
that may arise with taking a case to court is that it may take a lot of time and money. The expense of a
court case can result in clients not being able to fund their own case privately which would therefore
require other governing bodies to provide the support for funding and advice.
The first type of funding is private funding which can be provided for by the person themselves in the
case. The client's own savings and finances will be provided in return for the solicitor's services, and this
can be paid for on an hourly basis. The client will be notified of the costs in units as most law firms
charge by unit’s, and within each unit, there is 6 minutes that would be spent between the client and
legal representative. Clients who have a higher-than-average income would choose this type of funding
as they will be able to pay the full cost from the start of the case to the end.
Another type of funding is legal aid that clients can use if they do not have the financial resources to
privately fund their case. Legal aid is funded for by the government, and each year, the government
takes out a certain amount of money to allocate to legal aid and finding. However, the criteria that the
client must reach to qualify for a legal aid loan. Dependent on the client’s income, the legal aid could
come with no extra charge, however, if the client’s income is slightly higher than the average, then they
might need to contribute to the legal aid support. There are distinct types of legal aid that can be
offered to the client such as Legal Help and Family, which is funding for agreements and negotiations.
There is also a section under legal aid that could support the client in the court itself by providing a legal
representative. There are certain situations in which a client could receive legal aid, and these are that:
you are at the risk of abuse or acute injury, if you are at risk of homelessness, your case has elements of
crime that threaten the doctrine of human rights, you are being discriminated against or if you are
under conviction for a crime.
Means testing and an interest of justice test must be passed if a client wishes to use legal aid to fund
their case. Under the menas test, the defendant's income must be considered in order to establish
whether their financial state needs support in the form of legal aid. For cases that are sent to the
magistrate's court, legal aid may not be available because smaller cases are allocated here, however,
this aid may be more available for defendants whose cases reach the crown court. It is evident that
larger and more complex cases are sent to the higher courts which also means that they would require
more money. A lot of the defendants in these cases qualify for legal aid as their incomes do not match
the case value, if the defendant's income is less than 12, 475 pounds annually, then they pass the means
test. The results of the case are also considered; if the defendant is convicted upon guilty grounds, then
they will be required to pay most of the full amount of money that the legal aid had provided. There are
five interests of justice that the defendant must meet if they are to qualify for. The first is that if the
defendant is found guilty, then they will most likely suffer from defamation and a lack of quality of life.
The second is that the case includes an important section of law. The third is if the defendant is not
familiar with court proceedings or processes that will have to be consulted. The fourth is that the case
would require extra proceedings such as witnesses or examination reports. The final is that the victim is
affected in this case on a point of law such as sexual harassment or assault. If the defendant reaches at
least one of the five requirements, then they will be permitted to use legal aid.
