Legal Representation Eligibility Criteria

A *-year-old defendant has been charged with actual bodily harm. The defendant has an adjusted disposable income of £*,* from employment. The defendant has previously been convicted of a violent offence, for which a suspended custodial sentence was imposed. Will the defendant be entitled to publicly funded legal representation in connection with the defence of their case? Question * Answer No, the defendant fails the means test but satisfies the interests of justice test. No, the defendant fails both the means test and the interests of justice test. Yes, the defendant satisfies both the means test and the interests of justice test, and they will not be required to contribute to their legal fees. Yes, the defendant satisfies both the means test and the interests of justice test, but they will be required to contribute to their legal fees. No, the defendant passes the means test but fails the interests of justice test.

A man has been charged with criminal damage after an environmental protest at an oil power station. He pleaded not guilty. At his first hearing before the magistrates’ court, bail was granted on the condition that the defendant did not enter a particular geographic area surrounding the power station. While on bail, the man was found at the site of the power station and was arrested at 8pm on Friday night. It is now 8am the next day, Saturday. Which of the following best describes the man’s situation? Question * Answer Breaching bail conditions is not a criminal offence so the arrest was unlawful. The man must be sent to the court cells by 8pm on Saturday night, ready to be presented to the magistrates’ court on Monday morning. The man must be presented to the magistrates’ court by 8pm on Monday night. The man must be presented to the magistrates’ court by 8pm on Saturday night. The man has committed the offence of breach of bail and can be kept in custody for up to 7 days.

A woman has been charged with actual bodily harm and is being tried summarily in the magistrates’ court. Following disclosure of the initial details of the prosecution case (IDPC), the prosecution receives a statement from another person who claims to know the defendant, stating that “she is a really angry woman and just the sort of person to do this”. The prosecution does not disclose this statement to the defence because it is made by someone who has a long history of seeking to become involved in criminal proceedings as a witness and of making statements that were later proved to be false. The prosecution decides that this witness evidence is of no probative value and does not intend to use this evidence at trial. Which of the following best describes the conduct of the prosecution in this case? Question * Answer The prosecution’s conduct was correct. The statement is unused material that will not undermine the prosecution’s case or support the defence’s case. The prosecution’s conduct was correct. As the case was being tried summarily, the prosecution only needed to disclose evidence it had available at the time of supplying the IDPC. The prosecution’s conduct was correct. The prosecution need only disclose evidence to the defence which it intends to rely on in proving the case against the defendant. The prosecution was incorrect. The evidence could support the defence’s case and, therefore, should have been disclosed. The prosecution was incorrect. The evidence could undermine the prosecution’s case and, therefore, should have been disclosed.

A woman has been charged with actual bodily harm and is being tried summarily in the magistrates’ court. Following disclosure of the initial details of the prosecution case (IDPC), the prosecution receives a statement from another person who claims to know the defendant, stating that “she is a really angry woman and just the sort of person to do this”. The prosecution does not disclose this statement to the defence because it is made by someone who has a long history of seeking to become involved in criminal proceedings as a witness and of making statements that were later proved to be false. The prosecution decides that this witness evidence is of no probative value and does not intend to use this evidence at trial. Which of the following best describes the conduct of the prosecution in this case? Question * Answer The prosecution’s conduct was correct. The statement is unused material that will not undermine the prosecution’s case or support the defence’s case. The prosecution’s conduct was correct. As the case was being tried summarily, the prosecution only needed to disclose evidence it had available at the time of supplying the IDPC. The prosecution’s conduct was correct. The prosecution need only disclose evidence to the defence which it intends to rely on in proving the case against the defendant. The prosecution was incorrect. The evidence could support the defence’s case and, therefore, should have been disclosed. The prosecution was incorrect. The evidence could undermine the prosecution’s case and, therefore, should have been disclosed.