What happens if the client is apprehended. Can the accused re-apply for legal aid?
No. The accused cannot apply afresh for criminal legal aid. Regulation 4(1) provides certain fixed payments for relevant criminal legal aid in summary proceedings and at paragraph (3) the reference to summary proceedings is defined as a reference to “proceedings on a single summary complaint or on complaints which arise out of the same incident”. There is thus only one set of fixed payments payable in respect of the proceedings for which criminal legal aid was granted. If you claimed, and were paid, the fixed payments due at the time the apprehension warrant was issued, you may later decide to resume acting for the accused. If so, you will not receive a further core fixed payment but there may be additional fixed payments due in respect of, say, a lengthy trial or a deferred sentence. If the accused consults another solicitor who obtains a transfer of the certificate, that solicitor would be entitled to half of the fixed payments already paid and half of any other fixed payments applic
