Funding – Both Legal Aid & Private
We have the lawyers to advise, prepare and present a case at all stages. If it is complex or serious then we have the experience and resources. If it is related to criminal law, then ask us how we can help and how the work can be funded
Representation if a police officer interviews under caution is always free of charge through Legal Aid.
Representation for free, under Legal Aid, at the Magistrates depends on the household means being assessed at less than about £12,475. A defendant with a listed passported benefit always meets the means criteria. However legal aid is also dependent on the interests of justice meriting it’s grant. If a loss of liberty is at risk then that test is met, but other factors might include whether a person’s reputation or livelihood at risk?
This is a link to the Ministry of Justices explanation about legal aid means testing: https://www.gov.uk/guidance/criminal-legal-aid-means-testing
Representation for free or subject to monthly contributions under legal aid at the Crown Court is easier to be eligible for after a means assessment. However, if Legal Aid is granted and the defendant loses their trial or pleads guilty at the Crown Court, then that defendant’s capital can be taken into account if the Legal Aid Agency seeks to recover all or some of the costs of their legal representation.
Private Fees
Whenever clients are eligible for it, we will always assist under Legal Aid. Where clients are not eligible, our private fees are as follows:
Magistrates Court
For all matters at the Magistrates Court (regardless of charges), our fixed fee for the first hearing is £350+ VAT. For that fee, we will provide the following:
- Request case papers from the Prosecution.
- Meet you before the hearing is listed to advise on the evidence via whichever means you are comfortable with (Telephone, Zoom, or in Person).
- Attend with you, and represent you on the day of the hearing.
- Advise you of any follow up actions, and next steps.
Should you enter a guilty plea, and your case is put off for another date (like sentencing), we would charge a second fee of £250+ VAT.
Should you enter a not guilty plea, and your case is put off for trial, the fee earner with conduct of your case will conduct an assessment of work needed, but starting point in relation to fees will be £900+ VAT which is inclusive of the first hearing fee that would have already been paid. In preparing for trial, we will do the following:
- Meet with you to take instructions at least twice.
- Advise on, and write instructions for third party experts (fees to be paid by client directly to expert).
- Consider other areas of evidence we might secure and use for your defence, including taking defence witness statements.
- Review material held by third parties, including the police and applying for disclosure of such material as appropriate.
- Make legal applications necessary to your best defence, maybe applying to admit the bad character of a prosecution witness or replying to applications by the prosecution against your interests in the case.
- Apply for the defence costs you would have incurred to be re-imbursed on an acquittal. Remember we cannot promise full recovery of your fees even on a successful defence.
- On a conviction, we will advise on appeal.
Crown Court
In some case, should your case progress to the Crown Court, any refusal of Legal Aid might be re-visited. If Legal aid is not going to be granted or for your own reasons you would prefer not to rely on Legal Aid then our fees to deal with the matter fully in house (with a solicitor, and a solicitor advocate) are as follows:
- Committal for Sentence (after a guilty plea is entered at the Magistrates): £500+ VAT in addition to any Magistrates fees incurred.
- Trial: Fees for a Crown court trial vary, depending on the seriousness of the allegation, the complexity of the evidence and case history and the length of the expected trial and the amount of pro-active lawyer and expert work required to prepare for trial.
- Fee for first Crown court Plea and Trial Preparation hearing only: If you are unsure what to do with the Crown Court matter then our firm will provide an experienced and robust Higher Rights Advocate and supporting solicitor from the office to read the material, meet with you and attend on you and represent you at this first hearing, with no obligation on arrangements for a subsequent trial or sentence hearing. The fee for that will depend on seriousness and volume of initial paperwork to review but might reasonably be expected to be £600+ VAT.
For this service, you will receive all of the services listed for Magistrates Court trials, as well as having 3 points of contact within the firm (advocate, solicitor, and admin support).
Complex/Exceptional Cases
In exceptional circumstances, we will agree to representation on an hourly basis. The hourly rates of our staff are as follows:
|
Fee Earner |
Status |
Hourly Charging Rate |
|
Peter Seigne |
Partner / Solicitor Advocate |
£180 + VAT |
|
Warren Robinson |
Partner / Solicitor Advocate |
£180 + VAT |
|
Michaela Rose |
Solicitor |
£150 + VAT |
|
Kate Scott |
Solicitor |
£150 + VAT |
|
Luke Sage |
Business Manager |
£100 + VAT |
When hourly rates are agreed, we will bill you on a monthly basis, and provide a breakdown of the work we have completed to progress your case.
We will provide final estimates on fees, and will arrange a conference with you if we anticipate our initial estimates will be exceeded and need to be reviewed. We will always offer a complete, team delivered service.
A member of the team will always be available on the end of the phone to answer any queries you have. If the fee earner with conduct of your case if not immediately available, we will answer your query within 24 hours.
We will only ever work from your instructions – if you want us to allocate more time to your case on the understanding further costs will be incurred, we will action that.
Private Prison Law Work
Unfortunately, we are unable to take on Prison Law cases on a private basis. We are however able to assist in the following matters under Legal Aid:
- Parole Board Paper Reviews:
Applications for early release, release on life licence, requesting Oral Hearings or re-release after recall, which are considered by the Parole Board “on the papers” rather than at an Oral Hearing.
- Oral Parole Board Hearings:
Applications for early release, release on life licence or re-release after recall, pre-tariff lifer applications for progression to Cat D, to be considered by the Parole Board at an Oral Hearing.
- Independent Adjudications:
Relating to allegations of breaches of the Prison Rules, which are referred to the Independent Adjudicator (a District Judge) for their consideration. The Independent Adjudicator has the power to add days to your custodial sentence, so legal representation is very important.
- Sentence Calculations:
This refers to either a case where the date of release is disputed, or to a Minimum Term Review application to the High Court. You must have exhausted the internal complaints process system, and be 6 months past the date of sentence.
- Written Representations for Indeterminate Prisoner LISP4 Cases:
In cases where indeterminate sentence prisoners have been removed from open conditions, they are served with a LISP4 form. Written representations can be submitted to the Public Protection Casework Section (PPCS) to appeal the reasons for removal.
- Reconsideration Cases:
We can assist you if your case is subject to Reconsideration by the Parole Board (as a result of application of the reconsideration framework).
- IPP Licence Termination:
We are able assist eligible IPP Sentenced Prisoners to apply for their licence to be terminated.