access to justice and funding in the criminal system

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  • access to justice and funding in criminal cases
    • obtaining advice about a criminal case
      • duty solicitor - at police station
      • duty solicitor - at first hearing
      • your own solicitor (possible pro bono)
      • websites such as criminal solicitors and www.gov.uk
    • funding a criminal case
      • own funding
      • you have the right to free legal advice if you are questioned at a police station - this is available 24 hours a day
      • for your first hearing in a magistrates'' court you may be represented by the duty solicitor for free
      • you may apply for a representation order from the legal aid agency: the process is different according to whether the case is in the magistrates' court or the crown court
    • legal aid
      • magistrates
        • means (how much money does the defendant have)
          • if under 18 or on benefits qualify automatically - complicated calculation but no funding if disposable income over £22,325
        • merits(how deserving of support is it)
          • the widgery criteria - for example, D may have been sent to prison or lost their job
      • crown
        • means
          • no support if disposable income over £37,500
        • merits
          • no merits test - automatically in the interests of justice as more serious cases

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