Payment before legal aid is granted

When an application for legal aid is submitted, there may be occasions when the first hearing takes place before a decision on legal aid is reached.

Solicitors claim for payment under the legal aid Representation Order, in accordance with their General Criminal Contract or, from 14 July 2008, Unified Contract (Crime). However, there are also a number of other payment schemes available.

Payment can be claimed if solicitors represent a client effectively at the first hearing but subsequently no Representation Order is granted, either because the client has failed the means test (Early Cover) or they have failed the interest of justice test (Pre-Order Cover).

There is also provision for solicitors to make a claim if they assist a client in completing the legal aid application forms, where notification is given before the first hearing, that the client is ineligible for legal aid.

The table below summarises the circumstances for claiming Early Cover, Pre-Order Cover and the Form Completion Fee:

Result of Application - Interests of Justice	Result of Application - Means Test	Fixed Fee Scheme
PASS	PASS	Payment under the representation order in acordance with the LSC Criminal Contract
PASS	FAIL	Early Cover
FAIL	FAIL	Pre-Order Cover
FAIL	PASS	Pre-Order Cover
PASS / FAIL	FAIL (Before first hearing)	Form Completion Fee (where the above do not apply)

Last updated: 01 October 2008