Notes

Legal Representation

In court defendants will have someone to represent them. If the defendant wants someone to represent them in court they must qualify under a means test. The defendants income will be looked at, if they achieve an income of over £8,500 per year they would have to contribute some money to their legal fees, if their income is lower they will not need to contribute and the government will pay for it all. In the Magistrates Court case levels are very low so many adults don't actually qualify for legal representation. However in the Crown Court representation is more important. This is because the offence is going to be more extreme than in a Magistrates Court. That's why legal representation is more available for the Crown court. If a defendant from the Crown Court is found guilty then if they have sufficient income they should pay a contribution, if they are found not guilty and contributions that have been paid will be refunded. Other than the means test there is also the merits test. In the merits test there are interests of justice., the defendant will only qualify for legal representation if they meet at the least one of the 5 'interest of justice' factors. These include: loss of liberty or livelihood, point of law, unable to understand the proceeding, if the case involves interviewing and cross-examining witnesses, and if it is in the interest of another person i.e the victim. Kelly, Neo and Jordan will have representation, whether they put in some money towards it or if they are given it because of their financial situation, however they can decide if they would like to represent themselves. However Jordan would be better off with representation due to the complexity of his case especially if it goes to the Crown Court.