Since the Legal Aid and Advice Act was passed in 1949, residents of England and Wales have been able to receive Legal Aid.
This is essentially a tool put in place by the government to help meet the costs of legal representation for those who otherwise couldn’t afford it.
So how does it work? How do you become eligible and what areas of legal representation does it cover? Here is a run down of everything you need to know about Legal Aid in 2016.
Eligibility
The eligibility of legal aid differs between areas of law. For example, there is a considerable difference between criminal cases and civil cases.
In criminal cases, the 1949 act states that you have the right to free legal advice if you’re questioned at a police station.
When it comes to court representation, the Act states that “you’ll automatically get legal aid for legal representation in court if you’re under 16 (or under 18 and in full-time-education) or on certain benefits.”
When it comes to civil cases, which are often family, housing or debt problems, you have to prove your eligibility by showing to the court that you cannot afford to source your own representation.
This usually involves presenting evidence of benefits, savings, property and income. If you’re under 18, you have to show your parents details.
However, your financial situation doesn’t come into question in cases involving child abduction, children in care or mental health tribunals.
There are also exceptional circumstances for which you can receive legal aid. This means that you are eligible if being refused legal aid infringes your rights under the European Convention of Human Rights or your EU rights to legal representation.
How to Get it
In criminal cases, a police officer will help you get in touch with a legal aid if you’ve been arrested.
If you are charged or go to court, a solicitor will be the person to check if you qualify for legal aid. At this point, you can speak to the court duty solicitor or find your own.
This can confuse some people who assume that at this point any solicitor can be contacted for legal aid, this is far from true.
Solicitors OM & M Law explained to us that “we are an independent firm, meaning we have no ties to legal aid. There are individual solicitors and legal representatives that work for legal aid and are assigned to a register so that they can be called on when needed.”
What Do You Get?
If you are eligible, legal aid can cover:
- Help with negotiations and paperwork
- A barrister or solicitor to prepare your case and speak on your behalf in court and in some tribunals.
- Help If you’re accused of a crime
- General advice on your rights and opinions in your situation
Typical instances in which legal aid is given are:
- Being questioned, arrested or charged by the police.
- A child in your family being at risk of being taken into care
- Homelessness or losing your home
- Divorce proceedings
- Protecting your child/children from harassment or abuse in domestic violence or forced marriages.
Paying the Costs
Despite its purpose, legal aid might not cover all of the costs of your case. Instead, you may be required to pay some upfront. If it is a property case of which you win, money may be taken from the case conclusion to foot the bill.