We were recently requested to represent a client who required legal aid. CDS 14 and 15 were completed and submitted. Court administration refused legal aid, on the ground that the client failed the interest of justice test. The client is vulnerable and would have difficulty understanding court procedure.
We informed the client of the outcome; he subsequently attended court unrepresented and entered a plea of not guilty. The magistrates instructed him to obtain legal advice and adjourned the matter for three weeks.
We were contacted by the client and submitted a further request for legal aid. We were requested to attend the magistrates' court and make the application in person. The client was not required to attend the hearing.
On attending the court, the clerk stated that as the client was not present, if the application was made and was refused (with the clerk indicating that this was the likely outcome), a further application could not be made. We declined to make the application, leaving the client to attend the court at a future date unrepresented.
Where is the justice in this for the client?
DK Bailey, Dennis Brown, Colchester, Essex
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