When a defendant walks into a criminal solicitor's office, the first practical question is almost always the same: how will this be paid for? A representation order is the grant of public funding — made by the Legal Aid Agency — that allows a solicitor, and often counsel, to act for a defendant in criminal proceedings. Knowing who qualifies, what the funding covers, and what a client may have to contribute is core, everyday knowledge for anyone practising criminal defence.
This lesson takes you through the whole system, step by step, from the application right through to how the solicitor is paid.
What this lesson covers:
- Nature and Scope — what a representation order is, what it pays for, and how it differs between the magistrates' court and the Crown Court.
- The Interests of Justice Test — when representation is necessary, and the seven factors the court weighs.
- The Means Test — how financial eligibility works, and why it operates differently in each court.
- Contributions and Outcome — what happens to a defendant's contributions on acquittal or conviction.
- Choice of Solicitor and Ongoing Duties — picking a firm, reporting changes, and the consequences of false information.
- Remuneration of Solicitors — how fixed fees and graduated fees pay the solicitor and counsel for their work.