Legal Information
- Basic Legal Rights
What are my basic legal rights? - Funding
How do I pay my legal fees?
Funding Your Defence
O’Keeffe Solicitors is able to provide advice and assistance through a number of routes. O’Keeffe Solicitors is a member of the Criminal Defence Service [CDS] and is therefore entitled to provide advice and assistance through legal aid. O’Keeffe Solicitors has been categorised by the Legal Services Commission [LSC] as a Category One firm which means that our files have been audited and the LSC believe that we conduct our work to the highest standards.
However, legal aid is no longer available to all and to qualify you will need to fit certain criteria, the following will give you information on how to qualify:
Police Station Advice and Assistance
Advice over the telephone and in person at the police station is a FREE SERVICE which is available to all, irrespective of income.
Legal aid is available through both the Duty Solicitor Scheme (of which O’Keeffe Solicitors is a member) which operates a rota system if the arrested person does not nominate any particular solicitor, or by informing the Custody Sergeant that you wish to be represented by O’Keeffe Solicitors. The Custody Sergeant will then contact this firm directly. We can be contacted 24 hours a day, seven days a week on FREEPHONE 0800 917 9172 if you require our assistance upon your arrest.
Magistrates Proceedings
Legal aid in magistrates proceedings is subject to both a MEANS TEST and an INTERESTS OF JUSTICE test.
Under the interests of justice test you will need to show that your case is serious enough to warrant legal aid. A case is normally deemed serious enough when the offence is one that carries a sentence of IMPRISONMENT. Therefore, legal aid is NOT available for most driving offences as most are not imprisonable [we can of course represent you for driving offences on a PRIVATE FEE basis – see below].
If your case IS deemed serious enough to require representation, then the court will decide whether you qualify for legal aid FINANCIALLY. You will automatically qualify for legal aid financially if:
- a) you receive Income Support, income-based Jobseeker’s Allowance, income-based Employment and Support Allowance or Guarantee State Pension Credit or;
- b) you are under 16 years of age or;
- c) you are under 18 years of age and in full-time education or;
- d) if you work and your annual income is below £11,590 before tax.
If your annual income is between £11,590 and £20,740 (before tax) you may still be granted legal aid but a full assessment of you and your partner’s finances will need to be made before a decision can be made by the legal aid office of the court.
If you are NOT automatically entitled to legal aid under a) – c) above we will have to show the court documents to prove your financial circumstances (unless you are in prison). For example, wage slips or a tax return if you are self-employed.
If you earn over £20,470 you will not be eligible for legal aid unless you can show sufficient hardship. If you fall into this category we will discuss this with you individually.
If you or your partner receive benefits that automatically qualifies you for legal aid financially, you or your partner will be required to produce your National Insurance numbers or proof that you are in receipt of such benefits.
If legal aid is refused or you are not eligible to receive legal aid, then you will have to pay privately to fund any advice and representation in your matter – see below.
Crown Court Proceedings
Legal aid in the Crown Court is NOT subject to the means test. Consequently, legal aid will be granted as matters which are tried in the Crown Court are deemed more serious. Legal aid in the Crown Court will pay for both representation by a solicitor and junior counsel.
Despite this you will still be asked to provide evidence of your means. This is because, IF you are convicted the court MAY make a costs order against you at the end of your case.
Court of Appeal Proceedings
If leave to appeal is granted by the Court of Appeal your legal aid order will cover you for the instruction of your advocate. In some cases legal aid may be granted for a solicitor to carry out come preparation for your appeal, however this is at the discretion of the Court of Appeal.
Paying Privately
If you do not qualify for legal aid, you may want to consider paying for our services on a private basis. We always provide you with our hourly rates in writing at the start of the case and our ESTIMATE of how much your defence will cost, which depends on various factors including the seriousness and length of your case.
If you would like to arrange for a free meeting to discuss your case in general terms, our private fees and to get an estimation of the likely costs of your defence please call 020 7644 8800 during business hours.
