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Crime

1. How much will it cost?

At Litigaid Law we act for private individuals and corporate clients. We act in both privately and publicly funded matters. As an individual, depending upon the nature of the circumstances of the case, "legal aid" by way of a representation order in the Magistrates Court and Supreme Court may be available to you. In the Magistrates Court this is means tested and relies upon not only satisfying certain financial criteria but also showing that the circumstances of the case itself warrants the award of legal aid. Proceedings before the Supreme Court generally qualify for non-means tested legal aid but, depending on a Defendant's ability to pay may result in a contribution to costs being ordered at the conclusion of the case. If legal aid is not available, and you then chose to instruct us on a private funded basis, you will be advised of the likely cost to be incurred at the outset with regular updates as to the level of fees incurred and you may feel it appropriate to settle the fees on an agreed interim basis as they arise.

2. How do I know which court will deal with my case?

Basically there are three different types of cases.

• Summary offences are criminal offences which can only be dealt with by the Magistrates, for example driving with excess alcohol, minor assaults, criminal damage etc
• Offences triable either way are ones that can be dealt with by the Magistrates Court such as assault occasioning actual bodily harm, theft or possessing controlled drugs. In these cases the Magistrates may agree to deal with you or direct that you be dealt with at the Supreme Court. If the Magistrates are prepared to deal with the case, then you have a "right of election" to decide whether the case is dealt with summarily by the Magistrates or committed to Supreme Court for trial by jury.
• Indictable only cases. These are cases that can only tried "on indictment" at the Supreme Court before a judge and jury such as any conspiracy, robbery, manslaughter or murder.

3. How long will the case take?

Magistrates Court cases dealt with by an early guilty plea will be dealt with within a couple of days. Trials take a little longer, a trial date for a not guilty plea in the Magistrates is usually between three and nine months. Depending on complexity cases before the Supreme Court usually come to trial within 6 to 12 months.

4. What happens if I am convicted?

We will advise on the merits of the conviction and where appropriate prepare and conduct appeals against conviction either from the Magistrates Court to the Supreme Court or from the Supreme Court to the Court of Appeal.