Who started where?

SI 2000 No 2227, which comes into force on 2 October 2000, abolishes the means test for criminal legal aid in youth court cases.

In all other cases which are not indictable-only or covered by s.51 of the Crime and Disorder Act 1998 free legal aid is, apparently, also available to a person 'who has been charged with an offence at a police station'.

I suppose this is sloppy draftsmanship and is intended to mean 'who has been charged at a police station with an offence'.

This presumably therefore excludes from free legal aid those against whom proceedings - even for a serious either-way offence - have been started by summons, as is not infrequently done in this area.

Can anyone explain why the grant of free legal aid should depend upon the way the case was started rather than the nature of the offence alleged?

The words level playing field, human rights and cloud cuckoo land all spring to mind.

Michael Williams, solicitor-advocate, Carlisle Law Chambers