Emergency Out of Hours Number
During the COVID 19 Crisis we are OPEN to provide advice and representation at the Police Station and Court. Please call 01625 422944.
Funding Yours Case
Police Station Attendance
If you are arrested you are entitled to FREE and independent legal advice irrespective of your means and the offence for which you have been arrested. This advice can be delivered on the telephone but if you are to be interviewed by police, it is always desirable to have a solicitor with you at the police station to advise in person.
Legal aid at the police station is available not only through the Duty Solicitor scheme (of which The Oakes Partnership is a member) but also if you wish to contact this firm to seek advice directly. We run an emergency service to provide advice for those in police custody 24 hours a day 365 days a year. Call us on 01625 422944.
In order to obtain advice for a DSS benefit fraud interview, you have to satisfy a very stringent means test and sign a legal aid form in advance. Legal aid for such cases is limited to those on a low income. If you do not qualify for such advice, you will have to pay privately for any advice and/or representation.
Magistrates' Court Cases
In order to qualify for Legal Aid in the Magistrates Court your application must pass two stages. Firstly, is it in the interests of justice for your application to be granted and secondly, do your means ( ie income ) exceed the limit. In general terms, if you earn more than £12500, you may not qualify for legal aid, unless your expenditure is substantial. It is essential that you complete the appropriate legal aid application forms in advance of your first court hearing so that your application can be considered before you appear at court. You will need to provide documentary proof of your income and outgoings unless you are in receipt of passported benefits such as ESA, JSA and Income Support when you automatically pass the means test.
Legal aid is also subject to an Interests of Justice test test so that legal aid is not generally granted for very minor offences. If you are to appear in the Magistrates Court you should speak to us about legal aid as soon as possible. We will be happy to assist you in completeting the forms and submitting your application.Please contact us.
Youth Court Cases.
The youth court deals with young people who are 17 and younger. Legal aid is not means tested but the merits test applies. It is unusual for a legal aid application to be refused for a client in the youth court. Please contact us in order to complete a legl aid application.
Crown Court Cases
Legal aid is nearly always granted for cases which are to be tried in the Crown Court. Legal aid will be granted for such cases as they are generally more serious than those which are tried in the Magistrates Court. If Legal Aid is granted you may be required to pay a contribution to the costs of you legal aid.
You will be required to provide proof of your means ( income and expenditure ) in order for the contribution to be assessed.
We are happy to assist you in completeing the forms and submitting your application. Please contact us.
Private Client Work
If you do not qualify for legal aid you are able to pay privately for your representation and should contact us for an estimate of the likely costs. We will represnt you on a fixed fee basis so you will know the full cost of our representation. If you are found not guilty the court can make an order for some or all of your costs to be returned to you.
We will represent you at Courts in Cheshire, Merseyside, Manchester or Staffordshire in respect of motoring offences which would not qualify for Legal Aid on a fixed fee private client basis. Our fee for attendance at a guilty please hearing will be £400 plus VAT. If the matter proceeds to trial the fee will be no more that £1000 plus VAT. If you are found not guilty after a trial some or all of your costs may be returned to you.
Funding Your Case - Legal Aid