Aid in Criminal Proceedings

In criminal proceedings in England and Wales a legal aid order may be made by the court concerned if, it appears to be in the interests of justice and if a defendant qualifies for financial help. An order must be made (subject to means) when a person is committed for trial on a murder charge or where the prosecutor appeals or applies for leave to appeal from the Court of Appeal (Criminal Division) to the House of Lords. No person who is unrepresented can be given a custodial sentence for the first time unless given the opportunity to apply for legal aid.

Under the Police and Criminal Evidence Act the Law Society makes arrangements for duty solicitors to be available at magistrates' courts to provide initial advice and representation to unrepresented defendants, and also for duty solicitors to be available, on a 24-hour basis, to give ad­vice and assistance to suspects at police stations. The services of a duty solicitor are free.

The arrangements for aid in criminal proceedings in Northern Ireland are broadly similar. In Scotland there is a duty solicitor scheme for accused people in custody in sheriff and district court cases, and the 'interests of justice' test applies only in summary cases, where decisions on applications for legal aid are taken by the Scottish Legal Aid Board. In Northern Ire­land a duty solicitor scheme has been introduced at the principal magis­trates' court in Belfast. Legal aid for criminal cases in Scotland and Northern Ireland is free; the assisted person is not required to make any contributions towards the cost of his or her legal representation.