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Legal Aid declined

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Blue Jay

Member since
April 2020

7 posts

Posted Wed January 26, 2022 5:14pmReport post

Hi all,



Someone I know has plead guilty at their hearing for charges relating to iioc and is due to be sentenced in the coming weeks. Probation Officer is recommending non-custodial sentence.



Their application has been declined for Legal Aid and so my question is, should they try to pay privately to have their solicitor present at sentencing or has all legal help essentially been exhausted now and it's down to the judge on the day of sentencing?



I know they will need help covering legal fees so any insights from anyone on what value, if any, it had on having a solicitor at sentencing would really help decide if it's worth it. Would it look bad on them if they didn't have legal representation on the day?



Thanks in advance

AnotherMum

Member since
January 2022

75 posts

Posted Wed January 26, 2022 7:21pmReport post

It's usually your solicitor who works with your barrister at a Crown Court sentencing hearing. Having a good barrister can make the difference between a suspended sentence or prison. I would say that you definitely need legal representation at sentencing, please try to find the funds.

Katie28

Member since
December 2021

183 posts

Posted Wed January 26, 2022 8:34pmReport post

Absolutely agree with Lee, you definitely need a barrister, ours was unbelievable too and I only wish we had employed a QC before the plea hearing. The solicior made no effort to challenge the charges and gave my OH no concrete advice with regard to his plea, all the hard work happened between plea and sentencing and the barrister had alot of discussion with the CPS on the day of sentencing which your partner could not do if he was to represent himself. Despite the cost I would highly recommend not self representing, once that decision is made the cost to undo any injustice would be massive.

Blue Jay

Member since
April 2020

7 posts

Posted Fri February 11, 2022 2:02pmReport post

Thank you so much lee1969, AnotherMum and Katie28 for replying with your experiences and advice, sorry for not coming back sooner.



We did cover the fees and they got a 2 year suspended sentence. This phase is done but as we know it isn't over yet, still waiting to see if it gets in the media (No press at court if anyone was wondering). Thank you for your support and best of luck in your journeys, remember you're not alone in it

Jayjay

Member since
December 2021

695 posts

Posted Fri February 11, 2022 8:35pmReport post

Great news that there was no press in court! Any tips? Would you mind if I asked how much your legal bills were with no legal aid? I don't know how we will manage x