For Individuals

Q. Can I get legal aid?

A. Not in every case. There are a set number of criteria for the granting of legal aid.

The case must involve, for example:

• a serious risk of custody
• an unusual point of law
• a trial at which it would be inappropriate for the defendant to represent himself, such as a domestic violence or rape case.

Q. How does the penalty point system operate in motoring offence cases?

A. It depends on the type of charge. There are some offences which attract a specific number of penalty points. Speeding, for instance, attracts three penalty points and 'Driving without due care and attention' could mean being awarded between three and nine points. The number of points depends on the seriousness of the offence.

Penalty points are imposed to prevent people from repeatedly committing motoring offences over a three year period. If an offender reaches 12 or more points within three years of the date of the last offence, for example, they are at risk of being disqualified from driving for a period of six months. This penalty will be exercised unless there are mitigating circumstances which would have to constitute a fairly exceptional situation.

Q. What cases attract custody?

A. A variety, depending on the level of seriousness. Charges of murder, manslaughter and serious wounding always attract custody, as would any offender deemed to be dangerous. Less serious, but repetitive, offences can also mean a custodial sentence for defendants. Serial shoplifters, for example, run the risk of being imprisoned for repeatedly committing the same crime over a period of time.

Please note: The Freqently Asked Questions on the Finn Gledhill website provide answers which briefly summarise complex areas of the law. Our solicitors are happy to discuss any of the issues covered in further detail. Contact details: Email enquiries@finngledhill.co.uk
Tel. 01422 330 000.