Legal Aid - The Interests of Justice Test

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The Interests of Justice Test determines whether an applicant will be granted Legal Aid and the Court will consider whether the following issues  apply to the case:-

 

Is it likely that I will lose my liberty.

I have been given a Sentence that has been suspended or is non-custodial. If I break this, the Court may be able to deal with me for the original offence.

It is likely that I will lose my livelihood.

It is likely that I will suffer serious damage to my reputation.

A substantial question of law may be involved.

I may not be able to understand the Court proceedings or present my own case.

I may need witnesses to be traced or interviewed on my behalf.

The proceedings may involve expert cross-examination of a Prosecution Witness.

It is in the interests of another person that I am represented.

Any other reasons.


 

If the applicant passes the Interest of Justice Test they must also pass the Means Test to qualify for Legal Aid.

 

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