9 October 2024
Legal Aid Solicitors in Manchester
Our legal aid solicitors in Manchester can provide their legal services without charging a fee in specific situations. Contact us for advice.
Our legal aid solicitors in Manchester can offer their legal services without charging a fee to their clients in specific situations. This service can be offered for various legal cases pertaining to family law, to criminal law and others. In order to verify if a person is eligible for the services provided by our legal aid solicitors in Manchester, the person has to pass specific tests.
| Quick Facts | |
|---|---|
| What is legal aid? | It is a service provided by the British authorities to individuals who can’t pay for the legal services of their lawyer and for the costs of a trial held in British courts. |
Main legal areas where aid is available | Family law, criminal law, human rights law, housing and others (clinical negligence only in limited cases, such as brain injuries to infants around birth). |
Is there a test that measures whether a person qualifies or not for legal aid? (yes/no) | Yes |
| Situations when a person can request legal aid | An individual can benefit from the services of our legal aid solicitors in Manchester in the following cases: – does not dispose of a minimum income to afford to pay for legal services; – is homeless or in a difficult living situation; – deals with critical domestic issues, such as domestic violence; – has a disability or special needs; – is arrested and/or charged for a criminal matter; – is the victim of human trafficking, etc. |
| Law for legal aid | Legal Aid, Sentencing and Punishment of Offenders Act 2012 |
| Legal aid for criminal cases | Legal aid is also granted for criminal cases. It can be offered to minors and adults alike, and, depending on the circumstances, it can be full or partial. |
| When can a person obtain full legal aid? | All applicants under 18 and those receiving certain means-tested benefits (e.g. Universal Credit) are passported through the means test; adults with an adjusted annual income of GBP 12,475 or less pass the magistrates’ court means test. The Interests of Justice test must still be met. |
| Cases in which an applicant can obtain only partial legal aid | There is no partial aid or contribution in the magistrates’ court: with an adjusted income between GBP 12,475 and GBP 22,325 a full means test applies and legal aid is granted if annual disposable income is GBP 3,398 or less. Income contributions apply only in the Crown Court. |
| Legal aid tests for criminal cases | Interests of Justice Test and the Means Test |
| Processing time for a legal aid application | Target processing times: 20 working days for most civil applications and 2 working days for criminal applications |
| Automatical legal aid | Applicants under 18 (and recipients of certain means-tested benefits) automatically pass the means test for criminal legal aid; the Interests of Justice test still applies. |
| Institution in charge with legal aid assistance | Legal Aid Agency |
| Can legal aid be withdrawn? | Yes |
| What happens if legal aid for a person is withdrawn? | The individual must pay for his/her legal services. |
| What is exceptional case funding? | It can apply to persons who can’t afford to pay for legal services, and who are involved in immigration cases, welfare benefits disputes, persons under the European Convention on Human Rights, etc. |
A basic test for legal aid is the means test, which calculates the income of a person who is in need of legal representation. This is because all persons are legally entitled to legal representation, regardless of their nationality, financial situation, marital status and so on.
The test is created to measure if a person qualifies for legal services that will not be paid by the person who needs them. Our Manchester solicitors can present in-depth information on this type of test.
How can one qualify for legal aid in Manchester?
The procedure through which a person can qualify for legal aid in Manchester is not limited only to the income of the person, which implies the fact that the person is not able to pay the costs associated with the fee of the lawyer, court fees and other costs that can be involved in this, depending on the particularities of the case.
A person requesting the services of our legal aid solicitors in Manchester must also qualify for this based on the gravity of the case, meaning that the person or someone close to the person is at risk of abuse, the risk of homelessness, the risk of losing one’s freedom based on a criminal case accusation, due to discrimination, domestic abuse and others, according to the United Kingdom’s Government.
Important aspects that are of interest for someone in need of legal aid are presented below:
- the legislation stipulating who is entitled to the services of legal aid solicitors in Manchester is given by the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
- persons who have an age under 18 years old (without having to pass the means test) can benefit from legal aid pertaining to criminal law;
- criminal legal aid can be automatically granted to a person if the person’s adjusted annual income is GBP 12,475 or less (subject to the Interests of Justice test);
- for an income of minimum GBP 12,475 to maximum GBP 22,325, a full means test applies and legal aid is granted only if annual disposable income is GBP 3,398 or less; there is no obligation to pay a part of the costs (for criminal aid costs);
- in the case of an income of more than GBP 22,325, the person will not be able to request the services of our legal aid solicitors in Manchester in the Magistrates’ Court.
In the video below, you can find out how to obtain legal aid in Manchester:
In any case that is judged based on the criminal law in the UK, a defendant must pass two types of test in order to be eligible for legal aid. Our Manchester solicitors can present the legal procedures applicable in this case, but it must be observed that this is necessary when the case is heard in the magistrates’ courts (the regulation is available starting with 6th of October 2006).
In this situation, the defendant must pass a means test (analyzing the financial situation of the person) and the Interests of Justice test.
The tests are carried out by the Legal Aid Agency (the application is submitted online by the defence solicitor), which will determine, based on the particularities of the case (the legislation applicable to it, the age of the applicant, the income, the gravity of the case) whether the person is entitled to legal aid and what type of legal aid the person should obtain (full legal aid or, in the Crown Court, legal aid with contributions).
In the UK, the services of our legal aid solicitors in Manchester can be required for civil legal aid cases or for legal matters that fall under the regulations of the criminal law.
The legislation in the field also grants the right to an appeal, provided that the application for legal aid was not approved. The procedure varies based on the case (civil or criminal case) and our lawyer in Manchester can present more information on these steps.
It is also important to know that there is a relevant distinction between the application processes for civil cases and for criminal cases where legal aid is involved. Thus, 85% of the applications where a person needs civil legal aid will be processed in a period of 20 working days, while 95% of the applications related to criminal law legal aid will be processed in only 2 working days.
However, it must be noted that 100% of all the applications for criminal legal aid will be verified by the local authorities in a period of maximum 6 days. Where an appeal is involved, the procedures can last up to only 2 working days. We invite you to address our Manchester solicitors for in-depth information on other aspects that can be of interest for those in need of legal aid.
Documentation required by our legal aid solicitors in Manchester
In order to benefit from legal aid in Manchester, those who need legal representation (in criminal, civil, etc., cases) are legally required to provide a set of documents that can testify the person’s circumstances that can allow the right to legal aid. In cases where legal aid is required, Manchester law firms usually ask for the following documents:
- the National Insurance number;
- documents presenting the financial situation of the applicant, such as income statements, pay slips, bank statements;
- documents showing that the person receives benefits;
- personal documents are also necessary (certificates, contracts, etc.);
- court documentation.
For those who have a spouse or a partner, it is necessary to present their documentation as well. Our lawyer in Manchester can present more information on the necessary paperwork in accordance with the background of each client.
Legal aid for domestic abuse
Clients can also address our legal aid solicitors in Manchester if they are the victim of domestic abuse, and they do not dispose of sufficient capital for paying their lawyers. In the UK, domestic abuse or violence takes into consideration both a spouse and the children and it refers to domestic abuse as well as financial abuse.
Financial abuse defines the action taken by a spouse against the other, where the first limits or completely blocks the access of the other spouse to the family’s financial resources. For these situations, a variety of documents must be obtained, so that the lawyer can gather the necessary evidence.
How to receive legal aid for criminal cases in Manchester
Legal aid procedures for criminal cases are created in such a way that a person can receive immediate legal assistance, due to the nature of the case. Criminal cases are considered emergencies, as the police and the legal system should take immediate measures against a person who is accused of a criminal matter.
Therefore, those who are held in police custody based on the grounds of a criminal case must receive immediate legal advice. Those who are in this situation can receive free legal assistance via telephone, but this is available for less serious criminal offences.
In general, legal aid solicitors in Manchester will have to arrive directly at the police station and find out more on the case from the person who was held in custody. It must be noted that a free duty solicitor (independent of the police) is available, who can offer his or her services when needed.
However, the law also stipulates that a person held in police custody can address directly to his or her own lawyer in Manchester or contact a lawyer who has a good reputation in defending persons accused of criminal offences.
Other legal services in Manchester
Please address us for any other legal services that can be of your interest. If you are interested in immigration matters, our immigration lawyers in Manchester remain at your service. You must know that EU nationals must go through more complex immigration procedures, since the UK is no longer part of the EU. EU nationals arriving now need a visa under the points-based system like other foreigners (the EU Settlement Scheme was for those living in the UK by 31 December 2020).
Specific immigration rules must be respected by those who arrive here for employment. For instance, it is necessary to work for an employer that has been approved by the British institutions. Our employment lawyers in Manchester can assist you with information on the documents you may need (such as the certificate of sponsorship that is granted by the British employer).
The document contains information related to the job description. One of the employment visas is the Skilled Worker visa. In order for the visa to be approved, the applicant must receive a certain salary threshold and have good language skills in English (speaking, writing, reading). You can find out more details about this visa from our solicitors in Manchester city centre.