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Eligibility In Criminal Justice

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Eligibility is subject to two separate tests and both must be passed in order to qualify for legal aid in a Magistrates’ Court. The Interests of Justice test under the Criminal Justice Act 2003 enquires how serious the offence is and includes factors such as losing liberty or livelihood. In Sue’s case she would not be likely to lose any liberty due to the fact it is a speeding offence and an affordable fine is set out. If it involves interviewing, tracing or expert cross-examination of witnesses then she would be eligible, however, because it is a speeding offence often completed with machinery that is fully checked regularly this is unlikely. She does not pass the Interests of Justice test and this therefore means she is not eligible for

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