Funding for your case
At IB Legal our specialist criminal defence solicitors can assist you with your case on a legally aided basis (subject to meeting the legal aid requirements) or on a privately funded basis. Please see below for our funding options.
Legal Aid
Police Station Representation
Our Solicitors at IB Legal can provide you with FREE representation at the Police Station and this service is available 24 hours a day and 365 days of the year.
If you are arrested and taken to a Police Station in relation to a criminal allegation, you will be asked at the custody desk if you require a Solicitor. Simply say “yes” and inform the custody sergeant that you require IB Legal and one of our expert criminal defence solicitors will be available to represent you free of charge.
If you are asked to attend a voluntary interview by the Police, then you are also eligible for Free representation at this interview. Simply contact our offices or provide the officer with our details and one of our expert criminal defence solicitors will represent you at this interview free of charge.
Magistrates Legal Aid Costs
If you are granted Legal Aid, our costs will be paid by the Legal Aid Fund. To qualify for legal aid in the Magistrates’ Court, you must pass a ‘means test’ and an ‘interests of justice test’.
- If your adjusted income is below £12,475 you may automatically pass.
- If you are on a passported benefit (i.e. universal credit, income support, JSA, ESA, state pension guarantee credit), you may automatically qualify.
- If your adjusted income is between £12,475 and £22,325 per year, you may need to complete a full means test.
Your case will then need to pass the ‘interests of justice test.
If you do not qualify for legal aid, then we can still represent you on a private basis. See private fees section below.
Crown Court Legal Aid Costs
If your case goes to the Crown Court for trial, you will pass the Interests of Justice test. However, to qualify for legal aid, you also need to pass the means test. As of the 27th of January 2014, in the Crown Court, your household disposable income must be under £37,500 in order to be granted legal aid.
If your annual household disposable income is £37,500 or more, you will not be eligible for legal aid and will be required to pay all your legal costs privately. If this happens, we will contact you to agree payment and rates. If you are eligible for legal aid, then the means test will consider your income and capital assets, and you may be liable for contributions towards costs either during the proceedings or at the end of the case. This could be from your income while the case is ongoing and/or from your capital if you are convicted. The financial eligibility threshold does not apply to appeals or committal for sentence cases.
You will be asked to provide evidence of your income and assets. If you do not, your payments could be increased which would result in you paying more towards your defence costs. If you do not tell the truth on your legal aid application about your income, assets and expenditure you could be prosecuted. The first payment will be due within 28 days of the case being sent or transferred for trial You must tell the Court of any changes to your financial circumstances during your case because a change may affect the amount you have to pay towards your defence costs.
If you don’t think that you can afford to pay, or you think that a mistake has been made, you can ask for a review of the amount the Court has told you to pay. In certain cases, an application for a review on the grounds of hardship can be made.
You will not have to pay towards the cost of your case if you are under 18 when you make your application or if you receive any of these following benefits: income support, income-based job seekers’ allowance, guaranteed state pension credit or income related employment and support allowance.
How the results work depending on case type
Private Fee Structure
Our private fees are based on a fixed fee basis. What this means is that we charge a fixed fee, and this will cover the work that has been agreed.
Legal Conference
30 minutes – From £250 + VAT
1 hour – From £350 + VAT
Police Station attendance within the West Midlands
From £500 + VAT
Police Station attendance outside the West Midlands
From £1000 + VAT
Magistrates Court Representation within the West Midlands
First Hearing / Guilty Plea – From £750 + VAT
Magistrates Trial Hearing – From £1500 + VAT
Magistrates Court Representation outside the West Midlands
First Hearing / Guilty Plea – From £1250 + VAT
Magistrates Trial Hearing – From £2250 + VAT
Subsequent hearing (Sentence, Adjourned Trial etc.) From £500 + VAT
Crown Court
Crown Court cases – From £3000 + VAT
Criminal Defence Disbursements
In certain cases, it may be necessary to instruct an expert (E.g. medical expert, forensic expert etc.). The cost of instructing an expert and obtaining a report is to be borne by the client and is in addition to the pricing cost. Quotes will be obtained and costs communicated to the client and agreed before any experts are instructed.
If you require assistance with a criminal case then please contact IB Legal and our expert Solicitors will be able to assist you with your query and discuss the funding options available to you based on your personal circumstances.
At the End of the Case
If you are found Not Guilty at the Crown Court and you have paid all defence fees on a private basis, then they may be refunded in full. This is because the Crown Court can only make a Defence Costs order capped at Legal Aid hourly rates. Any shortfall in our fees not recoverable under the defence costs order will be taken from the payment made by yourself to us and the residual balance, if any, will be returned.
If you have made payments on a contribution order towards your legal aid and you are found not guilty in the Crown Court, any contribution payments you have paid will be refunded to you with interest. If the Legal Aid Agency has taken enforcement action against you, any costs of this can be deducted from the refund. If you are found guilty, you may have to pay towards your defence costs from any capital assets that you have. This would apply if:
- You have £30,000.00 or more of assets, for example: savings, equity in property, shares or Premium Bonds.
- Any payments you have already made have not covered your total defence costs.
You will be told at the end of your case if you have to pay a payment from Capital.
Contact Us
- 0121 609 7011
- [email protected]
- IB Legal, West Midlands House, Gipsy Lane, Willenhall, WV13 2HA