Criminal Public Funding

Public Funding is available to everyone, regardless of the level of their income, in the following circumstances:

1. Representation by a solicitor or barrister in a magistrates court or crown court. (However a means test applies in the magistrates court).

2. Advice, assistance and representation by a solicitor acting as a court duty solicitor.

3. Police station advice and assistance, whether attending the police station voluntarily or being held there after arrest.

4. Representation on an application for a warrant of further detention or an extension to such a warrant.

A Representation Order is needed to finance proceedings. A Representation Order will be granted if it is "in the interests of justice". The court will have to consider whether:

a) The person applying would lose his of her liberty, or

b) Suffer serious damage to their reputation or lose their livelihood if the proceedings went against them, or

c) The proceedings involve consideration of a substantial question of law, or

d) The person may be unable to understand the proceedings or to state his own case, or

e) The proceedings may involve tracing, interviewing or the expert cross-examination of witnesses on their behalf, or

f) It is in the interests of another person that the individual is represented.

An application for a Representation Order can be made in the magistrates court or the crown court and will be made by the applicant's legal representative completing the appropriate form and submitting it to the court. Applications are means tested in the magistrates court, but not in the crown court. However, if a person is convicted in the crown court then a costs order can be made against that person based on their means.

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