If you are arrested you have the right to free legal advice from the duty solicitor. There is no means testing for this, which means that you are entitled to have this advice regardless of your financial situation. When you are arrested you will be asked by the police whether you want to speak to a solicitor. If you say no, then you will not have the benefit of legal advice. If you say yes, the police will put a call through to the Defence Solicitor Call Centre and the solicitor who is ‘on call’ for that area will come to the police station. If you already have a solicitor, or wish to use a particular solicitor, they will contact this person on your behalf. As long as your solicitor has a contract with the Legal Aid Agency, you will not have to pay for this advice. Most people who are arrested have the right to consult a lawyer before their interview, but those who are charged with certain very serious offences may not have this right until later on.
To understand more about what happens at the police station and your full entitlements during questioning, you can use our free Rights on Arrest Checker.
Before You Are Charged
If you are on bail, or are being investigated for a criminal offence, you may be entitled to Advice and Assistance from a solicitor. This includes letters and telephone calls, general advice and a barrister’s opinion. People who are on Income Support, Jobseeker’s allowance, or guaranteed Pension Credit will be automatically entitled to Advice and Assistance. Other people may also be entitled to this type of legal aid, but it depends on their financial circumstances.
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If you are due to appear before a criminal court because you have been charged with an offence, you may be entitled to obtain legal advice and representation by way of a ‘Representation Order.’ People who are charged with minor offences, such as speeding, will not be entitled to this kind of legal aid. This is because the test is whether or not it would be in the ‘interests of justice’ to provide you with state-funded legal aid.
Those who are entitled to a representation order as of right are those in receipt of Job-Seeker’s Allowance, Income Support, guaranteed Pension Credit and anyone under the age of eighteen. If you do not receive any of these benefits, whether you get legal aid depends on your financial circumstances and the number of dependants you have. For example, if your gross income is more than £22,325 and you have no children, you will not get legal aid at the magistrates court.
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At the Crown Court
As with the magistrates court, it must be in the interests of justice that you are legally represented and therefore entitled to legal aid. If you are convicted of an offence in the crown court, you may have to pay some of the costs depending on how much you earn and how much money you have by way of savings and other capital.
The New Rules
From 2010, legal aid in the crown court became means tested. This means that if you have more than £283 of disposable income each month you will have to make some contributions towards the cost of your legal representation. These payments will have to be made in five instalments. If you are late paying one of the instalments, you will have to pay an extra instalment.
Further, if you are found guilty and you have savings or other capital that total more than £30,000, you may have to use some of this money to pay a contribution towards your legal costs. In the event that you are acquitted, either because you are found not guilty or the case is dropped against you, the contributions you have made will be refunded to you.
since that time I have been informed by probation that my access is restricted because I am on the register and that any contact I have with children will first have to be approved by social services once a referral has went in. I am also informed by my probation that it is likely that any children I do have contact with all their legal guardians will be informed of the offence when I was 14 ,i.e., I have a friend who has children and if I have contact with them they will be looking at informing the other parent about my previous conviction. also that I am not allowed any contact with my friend unless she first gives my probation officer her children's details.
Is my probation officer correct in what she is saying? she has said if I do have any contact with children she will recall me on licence condition one, be of good behaviour. it all seems a bit extreme but I do understand that they are just safe guarding.
Any advice will be much appreciated on the basis of it or where I should go from here. thanks
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