Private Motoring Costs for Magistrates’ Court Cases

Police Station

Representation at the police station is free of charge. We will represent you under the ‘free’ legal aid scheme which entitles you to free advice and assistance whilst you are at the police station. This free advice is not means tested. If your case does not finish at the initial police station attendance, we will continue to provide support and advice to you throughout the police investigation which includes liaising with the police on your behalf to ascertain the next course of action with your case and to arrange and rearrange if necessary future attendances at the police station.

Non-Police Station Interviews

For example;

  • Department of Work and Pensions (Benefit agency)
  • Local Authority
  • RSPCA
  • Health & Safety interviews
  • HM Revenue & Customs

We will be able to represent you free of charge under the legal aid advice and assistance scheme for the above interviews if you are in receipt of the following benefits:

  • Income Support
  • Income-Related Employment and Support Allowance (ESA)
  • Guaranteed state pension
  • Income-based job seekers’ allowance

If you are not in receipt of the above benefits, the advice and assistance scheme is means tested and we will be able to advise you as to whether you qualify for free representation.

If you do not qualify for free representation, we will be happy to provide you with a competitive quote to represent you on a private basis.

 Magistrates’ Court Legal Aid

Magistrates’ court legal aid is subject to a means and merits test and you have to pass both. If you qualify for legal aid in the magistrates’ court you will not have to make a contribution towards your legal aid.

Interests of Justice merits test:

The test is basically whether your case is sufficiently serious or complex to merit legal aid and/or whether you are at risk of receiving a custodial sentence if convicted of the offence. You may also pass the merits test if for example; you suffer from a mental health condition which means you are unable to represent yourself, you need an interpreter or it is not appropriate for you to cross examine the complainant or prosecution witnesses.

Means test:

If you are a youth you will automatically pass the means test.

If you receive any of the following passported benefits you will pass the means test:

  • Income Support
  • Income-Related Employment and Support Allowance (ESA)
  • Guaranteed state pension
  • Income-based job seekers’ allowance

If you do not receive a passported benefit then you may be entitled to legal aid depending upon the amount of your income (which includes your partner’s income if you are living together).

If your annual household income is over £12,475 then your eligibility has to be fully calculated. The means calculation is complex and takes into account for example, your income/joint income, your family circumstances including number of dependent children and your essential living costs.

If you fail the means test, you will not be entitled to legal aid.

Crown Court Legal Aid

The criteria for applying for legal aid in crown court cases is exactly the same as for the magistrates’ court. The only difference is that the income threshold is higher for crown court cases and unless you have a disposable income (including that of your partner if applicable) of more than £37,500, you will qualify for legal aid but you may have to make a contribution towards your legal aid. The amount of contribution will depend upon your means assessment.

If your disposable income is more than £37,500 you will not qualify for crown court legal aid.

Will I qualify for legal aid?

If you are unsure whether you are likely to qualify for legal aid we will be very happy to advise you. If you do wish to apply for legal aid, we will submit the application on your behalf to make the process as painless as possible for you.

You can assess the full guidance for legal aid here https://www.gov.uk/guidance/criminal-legal-aid-means-testing.

Private Funding

If you do not qualify for legal aid or would prefer to pay us privately we offer competitive rates and will be happy to provide you with a quotation for the likely costs of your case.

Where possible we offer fixed fees which gives you the assurance of knowing how much your case will cost upfront to take away the stress for you of an ever mounting bill every time you contact us. Our fixed fees include the preparation of your case and the advocacy for representing you at court.

How do I make a payment?

If you wish to make a payment, please either contact our central accounts department on 0207 388 8333 who will be able to take payment over the telephone either via debit or credit card.

You can also make payment via the central office website here:  https://www.tuckerssolicitors.com/payment

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