Dear Client,
Legal aid for criminal proceedings now involves TWO tests. 1. Legal importance AND 2. Financial need.
We can advise whether the court is likely to consider your case merits legal aid in terms of legal importance. You also need to consider what impact your financial resources will have on getting legal aid.
If you are under 18 OR if you or your partner get any of the following FOUR State benefits then subject to the importance of your case you will get free legal aid. The State benefits are:
1. Income support. 2. Income related employment and support allowance (ESA). 3. Income based job-seekers allowance (JSA). 4. Guarantee state pension credit.
If you are under 18 or if you or your partner receive any of the above four types of state benefit you will only need to sign one form to apply for legal aid. This form is called CDS 14 and is also the form we fill in about the legal importance test of your case. I
f you claim you or your partner get one of these four benefits the court will check with the Department of Work and Pensions. If the DWP does not confirm when the court asks that you or your partner have any of these benefits there will be delay in getting legal aid - so please be sure that you or your partner do currently get one of these benefits.
If you are over 18 and you or your partner are NOT in receipt of any of the four benefits listed above then you must fill in a second form about your income, savings and property and expenses. If you have a partner his or her financial details must be provided as well. This is a very lengthy and detailed form requiring full disclosure of your and your partner's financial details. We have made the process as easy as we can with one form of questionnaire that will not only allow us to create both forms required by the Court for you but will also enable us to advise you if you are financially eligible.
There are three methods by which you can complete an application for legal aid.
1. Completion online of ONE questionnaire form we provide.
2. Completion of the same form "offline" in an excel spreadsheet.
3. Completion of TWO LSC forms online in pdf.
We recommend option 1 because of the advantages it has over the other 2. The functionality of the offline spreadsheet of option 2 can vary from computer to computer. In other words it may not work so well whereas the online option 1 questionnaire will not vary and you do not need to return it by email as we will have access to it. Option 1 will save the information and allow us to immediately advise you if you are financially eligible. Option 3 (the Legal Services Commission forms) do not allow any saving of data. You must complete in one browsing session and print off before closing. It will not tell you if you are financially eligible.
Option 1 - The link to your own online questionnaire for criminal legal aid is HERE. When you have completed the questionnaire let us know by telephone or email and we will swiftly convert to the paper forms and advise you if you are financially eligible.
Option 2 - If you prefer to complete the form offline and email it to us when completed go to this link HERE to our web site where you will find the spreadsheet available for downloading at the foot of the page.
Option 3 - The links to the LSC forms are here: CDS 14 and CDS 15
SAVE THIS EMAIL FOR FUTURE REFERENCE and to get the link to your form.
Yours faithfully,
Lionel Blackman