Legal aid in the Crown Court
You will be entitled to free legal aid if
(a) You are under 18 years of age.
(b) On income support.
(c) On income based job seekers allowance.
(d) On guaranteed state pension credit.
(e) On income related employment and support allowance.
(f) Your main household income after you have paid your bills is £3398 or less a year and you have less than £30,000 capital.
If not then you may have to pay from either your income or capital or a combination of them both.
When will you have to pay from your income?
If you have a household disposable income of more than £3,398 a year(£283.17 a month).
My brief solicitors will be able to work out your legal aid position and advise you accordingly.
If your disposable income is above £3398 per year, then the actual amount is divided by 12 to get a monthly figure. If that monthly figure is more than £283.17 per month you will have to pay 90% of this each month for 5 months. You can pay the whole amount upfront if you can afford to do so.
If you are late in paying, you will be asked to make one extra payment.
You will need to pay within 28 days of your case being committed to the crown courtyou will be posted a contribution notice or order detailing the amount you have to pay.
This next bit is the most important. We can not stress it highly enough.
You must provide evidence to prove your income.
(a) If you are on income or job seeking benefits –national insurance number or letter confirming your benefits.
(b) If you are employed-latest payslip.
(c) If you are self-employed-latest full self assessment tax return form or latest set of accounts.
(d) Paid in cash-letter from your employer confirming your earnings.
If the evidence has not been provided by the time your case has been committed to the Crown Court , you’ll have 14 days to submit it.
IF YOU DO NOT PROVIDE PROOF, YOU MAY HAVE TO PAY A MONTHLY PAYMENTS OF £900 OR 100% OF YOUR MONTHLY INCOME WHICHEVER IS HIGHER.
If you think the calculation is wrong then you can ask for a review. If you don’t think you can pay you can ask for a hardship review. My brief solicitors will be able to help you.
Failure to pay will lead to interest being charged and they may take part of your earnings.
Will you have to pay from your earnings ?
(a) You are found or plead guilty
(b) Any payments you have already made have not covered your total defence costs.
(c) You have more than £30,000 of capital assets.
We can give you more advice if you require it.
SO DO NOT DELAY CONTACT US TODAY ON 0845 5674 999