Funding

Question 1

What tests must be met for funding?

Answer 1

Means test
and
merits test

Question 2

Which person’s are ‘passported’ for the means test?

Answer 2

• defendants under 18 years of age; and/or
• those on specified welfare benefits such as Universal Credit and income-based jobseeker’s allowance.

Question 3

Mag. What are the means test thresholds?

Answer 3

Just based on income (including partner’s) :

• Get public funding- if weighted gross annual income is £12,475 or less
• Ineligible if above £22,325
• Be required to undertake a full means test which will establish the applicant’s annual household disposable income- if it is below £3,398 will get funding.

Question 4

CC What are the means test thresholds?

Answer 4

Assessed on income and capital. If above £30k

in relation to the applicant’s annual household disposable income, the applicant will be:

• ineligible if above £37,500.
• eligible if below £3, 398.
• eligible for public funding with a contribution if in-between

Question 5

Merits test - when will an applicant automatically pass?

Answer 5

A defendant will automatically pass the interests of justice test if:

• charged with an indictable-only offence; or
• an either-way offence is later sent to the Crown Court

Question 6

Merits test will be passed if ‘in the interests of justice’. What are the propositions for IoJ?

Answer 6

• I will lose my liberty
• It is likely I will lose my livelihood
• It is likely I will suffer serious damage to my reputation
  .
• I have been given a sentence that is suspended or non-custodial. If I break this, the court may be able to deal with me for the original offence.
  .
• A substantial question of law may be involved
• I may not be able to understand the court proceedings or present my own case
  .
• Witnesses may need to be traced or interviewed on my behalf
• The proceedings may involve expert cross examination of a prosecution witness
  .
• It is in the interests of another person that I am represented
  .
• Any other reasons