Funding Legal Advice and Representation
Criminal cases
If a football banning order
results from a conviction for an offence the likelihood is that
a so called "Representation Order" (ie, legal
aid) may have been granted in relation to the proceedings
for the relevant offence. The Representation Order will cover the banning
order aspect because it is ancillary to any penalty imposed for
the offence.
The grant or refusal of an
application for a Representation Order is determined by a number
of factors. Financial limits on eligibility are now in force
(from October 2006) and the court will also consider whether it
is in the interests of justice for representation to be granted
(seriousness and complexity of the case being significant
factors). A
solicitor will be able to advise in individual cases about the
availability of public funding for advice and representation in criminal proceedings.
Civil Cases
In cases where the application
for a banning order is made in civil proceedings the procedural
situation in relation to public funding for legal advice and
representation is a little different.
However, the practical effect is the same as in criminal cases
through the availability of the Advocacy Assistance scheme.
Again, a solicitor will advise whether an individual case is
covered by Advocacy Assistance.
Whether the case is criminal or
civil there may be access to a court duty solicitor at the first
hearing. However, it is always advisable to obtain legal advice
from a solicitor well in
advance of having to go to court. |
