Availability of criminal legal aid in summary proceedings
In a summary prosecution, automatic criminal legal aid is only available to a client in custody, and ends when a plea of not guilty is tendered.
Your client must apply to us for summary criminal legal aid and must have tendered a plea of not guilty. This includes when your client appears from custody on an undertaking or was cited to appear whether represented by you or the court duty solicitor.
Subject to the availability of ABWOR, only automatic criminal legal aid (representation by the court duty solicitor) can be provided at the pleading diet.
You can give advice and assistance to your client but this cannot include representation and will be subsumed within a subsequent legal aid grant or ABWOR.