| NewsMagistrates Court Guideline ChangesThe guidelines for granting legal aid in relation to Magistrates Court cases have been revised. Key changes are: - That aid may now also be granted to private practitioners for a plea in mitigation where the case is outside the scope of a duty lawyer service and the applicant is on a suspended sentence for a similar offence imposed by a Magistrates Court.
- An applicant does not need to qualify for aid for a plea in mitigation before qualifying for aid for a trial. What is now required for representation at a trial by a private practitioner is:
- That there is a reasonable prospect of an acquittal, and
- Complexity; and either
- Special circumstances (mental illness or impairment, intellectual disability, physical disability, a first language other than English, disadvantage due to location); or
- A real likelihood of immediate imprisonment and the applicant is on specified orders.
- Greater definition has been provided of what is meant by the terminology in the guidelines.
- The circumstances in which cases will be undertaken by Legal Aid's "in house" practice have been set out.
- Please see the table below for a summary of the guidelines:
 New Guidelines can be found here.
News last updated: 11th July 2006 | |