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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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do i qualify for full legal aid Ive working full time annual

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do i qualify for full legal aid I've working full time annual income of 13,000 not on benefits
I've been charged with common assault
do i need to apply for legal aid what document do i need to provide
Jo C.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

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Customer: replied 4 years ago.

i am foreign national with no recourse to public fund on visa


 


 


i was recently charged with three counts of assault by beating to wife


 


am bailed until the court date at a Specialist Domestic Violence Court .


 


im not sure whether i qualify for legal aid

Thanks.

You will probably not qualify I'm afraid. The rules are very imprecise as far as I can see. However, generally I have found that for summary only trials if people earn over £12k then legal aid is denied in full but is often available in part with a contribution from the defendant.

However, if this is a common assault then the Court will appoint a part 36 advocate to cross examine her as you are disallowed from examining her yourself.

It might well be that the part 36 advocate will deal with the whole trial as its not easy to just cross examine and then leave.

Can I clarify anything for you?

Jo
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Customer: replied 4 years ago.

sorry i am a bit confused


 


it is better for me if i go privately rather than legally funded lawyer who will be doing limited work on the case due to limited fund from legal aid so i won't get a good quality defence representation.

It is better to be represented throughout but obviously there are costs implications in that.
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Customer: replied 4 years ago.

sorry my English isn't that good


what do you mean by be represented throughout


at the police station when I got charged I was given a free solicitor she said i can get legal aid to pay for her to represent me at the hearing i am worried because she will be obliged to provide a limited service which won't be good quality defence as legal aid is paying limited.

Have a solicitor that deals with the whole trial.

There is a risk you may not get legal aid.
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Customer: replied 4 years ago.
When assessing for legal aid, apart from income check do they take in account your status in the uk.
Not from the point of legal aid.

Obviously the fact of the allegation will bring to their attention your presence in the UK and if immigration have any interest in you then they will act.
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