The Laws in England governing Trials by Juries in the Criminal Courts

The Juries Act 1974, as amended, contains the principal statutory basis for how juries are formed, what they look like and how they work. Beyond this legislation, case law has developed in a number of ways in relation to juries. In case law, the following three principles set out the role and privileges of the … Continue reading The Laws in England governing Trials by Juries in the Criminal Courts

Guide to Legal Aid Eligibility Assessments

Legal Aid Eligibility Assessment Daniel Bacon There are two levels of Legal Aid: “Controlled Work” is legal help or help at court. Eligibility for Controlled Work is assessed by the provider;“Licensed Work” / “Certificated Work” is legal representation. Eligibility for Certificated Work is assessed by the Legal Aid Agency (LAA). The forms of civil legal … Continue reading Guide to Legal Aid Eligibility Assessments

The Disposable Income Test: Legal Aid eligibility and the payment of rent

In assessing financial eligibility for Legal Aid, three tests must be passed. Firstly, the client must not have capital holdings greater than £8,000 in value. Secondly, the client must not have a gross income exceeding £2,657 per calendar month. Thirdly, the client must not have disposable income exceeding £733 per calendar month. These tests have … Continue reading The Disposable Income Test: Legal Aid eligibility and the payment of rent

It’s a thin line between housing suitability and legal homelessness in the scope of Legal Aid

Homelessness and Housing Suitability are closely related concepts. Of course, homelessness in the common parlance means just that - a person without a home - but legal homelessness also includes those who have a home but one it is unreasonable for them to continue to occupy. Section 175(3) of the Housing Act 1996 states that … Continue reading It’s a thin line between housing suitability and legal homelessness in the scope of Legal Aid

A Cautionary Note to Legal Aid Practitioners under a Housing Contract: Possession Cases

For a matter to be within scope for Legal Aid, provision for it must be made under Schedule 1 of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (http://www.legislation.gov.uk/ukpga/2012/10/schedule/1). In respect of housing, and specifically in respect of the loss of home criteria, Paragraph 33(1) lays down as in scope: … Continue reading A Cautionary Note to Legal Aid Practitioners under a Housing Contract: Possession Cases