Representation orders are the gateway to publicly funded criminal defence — governed by two tests of merit and means that determine who qualifies and on what terms.
Whether a defendant is represented at public expense turns entirely on the framework set out here. The chapter starts with what a representation order is and what it covers, then works through the two eligibility hurdles in turn: the interests of justice test with its seven Widgery factors, and the means test, which operates as an outright bar in the magistrates' court but as a contribution scheme in the Crown Court. It then follows the money — what happens to income contributions on acquittal or conviction, and who bears any shortfall in defence costs. The closing sections deal with the defendant's choice of solicitor, the duty to disclose changed financial circumstances, the consequences of false information, the route to challenge a refusal, and how solicitors are remunerated for work in each court.
