- Statutory Rule 1999 No. 233
© Crown Copyright 1999
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The Legal Aid in Criminal Cases (Statement of Means)Rules (Northern Ireland) 1999
| Made | 12th May 1999 | ||
| To be laid before Parliament | |||
| Coming into operation | 14th June 1999 |
The Lord Chancellor, in exercise of the powers conferred by Article 36(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981[1] and now vested in him[2], and after consultation with the Lord Chief Justice, the Attorney General, the Crown Court Rules Committee, the County Court Rules Committee and the Magistrates' Courts Rules Committee and with the approval of the Treasury, hereby makes the following Rules: -
Citation and commencement
1. These Rules may be cited as the Legal Aid in Criminal Cases (Statement of Means) Rules (Northern Ireland) 1999 and shall come into operation on 14th June 1999.
Revocation
2. The Legal Aid in Criminal Cases (Statement of Means) Rules (Northern Ireland) 1988[3] are hereby revoked.
Statement of means form
3. The form set out in the Schedule shall be the prescribed form for the purposes of Article 32(1) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (statement of means for the purposes of legal aid in criminal proceedings).
Irvine of Lairg, C.
Dated 12th May 1999
We approve
Jim Dowd
David Jamieson
Two of the Lord's Commissioners of Her Majesty's Treasury
Dated 13th May 1999
-
(i) If you wish to obtain legal aid in a criminal case you must first complete this form which will be used to determine whether you are entitled to legal aid.
(ii) WARNING - If, in completing this statement, you knowingly make any false statement or false representation you will be liable to prosecution and if found guilty could be liable to a fine or imprisonment for up to 3 months or both.
(iii) Any change of financial circumstances must be notified to the court immediately.
(iv) Please use BLOCK letters in black ink when completing this form.
A. PERSONAL DETAILS
(Please complete questions 1-6 unless you are filling in this form on behalf of a dependent who is not yet 17 years of age in which case you must complete questions 1-5 and 7).
|
1.
Surname |
Mr  |
Mrs |
Miss |
Ms |
2. Forename(s)
3. Date of Birth
4. Permanent Address
5. If staying at temporary accommodation then state this address
6. Marital status (tick one box only)
|
Single |
Single and living together |
Widowed |
|
Married |
Married but separated |
Divorced |
7. Relationship to the person under 17 years (e.g. father)
B. CASE DETAILS
8. Describe briefly what you are charged with doing.
(e.g. "stealing £50 from an employer", "kicking a door causing £50 damage")
C. Financial Details - benefits
(this section to be completed only by those applicants currently in receipt of benefits or parent/guardians in the case of those applicants under 17 years of age who are in receipt of benefit)
9. I am in receipt of:
(please tick box)
| Income Support |
|
| Income-Based Jobseeker's Allowance |
|
| Family Credit |
|
| Disability Working Allowance |
|
If you are not receiving any of the above you MUST specify below those benefits you are receiving:
10. I have been in receipt of benefit for more than two weeks:
Yes
No
11. National Insurance Number of person receiving benefit:
12. Address of the Social Security Office dealing with the benefit:
If you do not produce documentary evidence that you are receiving benefit, the court may make its own enquiries or it may not grant criminal legal aid. If you cannot provide evidence you should detail your reasons below. If you are unable to produce this evidence than you must complete those sections marked with an asterisk (*) in question 16.
D. FINANCIAL DETAILS
(This section should only be completed by those who are not in receipt of benefit)
|
13.
I am (please tick box) |
Employed full-time Employed part-time Self-employed |
|
14.
Occupation |
|
|
15.
Employer's name and address |
|
|
16.
Income (please complete the relevant sections) |
|
|
Full-time work Enter gross earnings per week (before tax and insurance), including overtime, commission or bonuses. You should attach documentary evidence of the pay you have received. A monthly or weekly wage slip would be the best evidence. |
£ |
|
Self-employed If you are self-employed then show your gross earnings and attach the most recent accounts showing gross income. |
£ |
|
Part-time work Enter gross earnings per week (before tax and insurance) from any part-time job not included above and attach documentary evidence. |
£ |
|
Money from property* Enter weekly amounts (before any deductions) of money from sub-letting a house or rooms and attach documentary evidence. |
£ |
|
Any other income* Please give details and weekly amounts and attach documentary evidence. |
£ |
| £ | |
| £ | |
| £ | |
| £ |
Important: If the information you have given above is going to change soon, please give details of the change in Section F of this Form.
E. PROPERTY AND SAVINGS
(this section should only be completed by those who are not in receipt of benefit)
(Please give details of all your property and savings)
Note: In the questions that follow the value of the equity means the sum which you would receive from the sale of the property after paying the mortgage or other loan on it.
Property
17. Do you own the house or property which you treat as your main dwelling?
Yes
No If so please provide the following information:
|
(i) What is your main dwelling worth now, that is, what is its market value? |
£ |
|
(ii) What is the mortgage on your main dwelling? |
£ |
|
(iii) What is the value of the equity of your main dwelling? |
£ |
|
(iv) Are you the sole owner? |
Yes No |
18. Do you own a house or property other than the house or property which you treat as your main dwelling?
Yes (sole owner)
Yes (joint owner)
No
If so please provide the following information:
|
(i) What is the dwelling worth now, that is, what is its market value? |
£ |
|
(ii) What is the mortgage on the dwelling? |
£ |
|
(iii) What is the value of the equity in the dwelling? |
£ |
Savings
| Type | £ | |
| 19. Please give details of where your savings are, and the amounts. Include money in any bank, building society, National Savings Certificates, cash, stocks and shares or any other investments. You should attach documentary evidence. | ||
| 20. Please give details of any articles of value that you own with their approximate value. You may be asked to produce valuation certificates. |
Allowances and Deductions
21. Enter Tax and National Insurance Contributions deducted from your earnings per week
| Tax | £ |
| National Insurance | £ |
22. Enter the number of dependents who are living with you. If you are claiming legal aid for a child or young person, please include that child or young person.
Dependants are the people you look after financially.
Spouse/Partner
Children 18 and over
Children under 18
Other (please say who)
23. If you pay maintenance to any dependant who does NOT live with you, please give details of the amounts you pay.
Name of, and your relationship to, the dependant
| Age(s) of dependants | yrs | Amount per week | £ |
| yrs | £ | ||
| yrs | £ |
You should attach copies of agreements or court orders.
24. Give the amounts of rates which you pay.
|
(a) Amount of rates (please complete only one box) |
£ | per week |
| £ | per month | |
| £ | per year |
You should attach evidence of this (e.g. the demand from the Rates Agency).
-
(b) Do you receive a rebate on your rates? Yes
No | If yes, then how much? (please complete only one box) | £ | per week |
| £ | per month | |
| £ | per year |
25.
Give the following details of your housing expenses.
If you own more than one house only give details for the house in which you live. If you are paying the expenses of a dependant who is not living with you, enter the details in the spaces on the right. You should attach copies of rent books, evidence of mortgage instalments and any other changes.
| You | Dependant(s) | ||
| Rent |
£ |
||
| Mortgage Payment | £ | Mortgage Payment | £ |
| Ground Rent | £ | Ground Rent | £ |
| Board and Lodging | £ | Board and Lodging | £ |
| Bed and Breakfast | £ | Bed and Breakfast | £ |
26. How much does it cost you each week to travel to and from work?
£
27. Give details of other expenses which you think the court should know about.
F. Further Information
28. Have you directly or indirectly transferred any resources to another person since you became aware that these proceedings would be brought? If so, please give details.
29. Are the resources of another person available to you e.g. is another person providing you with free accommodation or paying your bills? If so, please give details.
30. Please give any other financial information that you think that the court should have when deciding upon your application for legal aid. You should also include any future changes in circumstances that might alter your position.
31. If you have not attached documentary evidence of all income/benefits that you receive and each allowance you have claimed, you must explain why you cannot do so.
Declaration
I am aware that I have knowingly made a statement which is false, or knowingly withheld information in this application, then I may be prosecuted which could lead to conviction, the penalty of which could be a fine, imprisonment for up to 3 months or both under Article 32(1) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.
I declare that to the best of my knowledge and belief that the information provided in this application is an accurate and complete statement of income, savings and capital and, where appropriate that of my dependants.
I hereby give my consent to the court taking steps as it may consider necessary to verify the accuracy of information contained within this application.
Signed Date
After your application has been considered by the court you may be asked to clarify some information, provide further information or proof in support of this application.
If your financial position changes in any way after you have submitted this application, you must inform the court.
(This note is not part of the Rules.)
These Rules revoke the Legal Aid in Criminal Cases (Statement of Means) Rules (Northern Ireland) 1988 and provide a new statement of means form which an applicant for free legal aid under Part III of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 may be required to furnish under Article 32 of that Order.
Notes:
[1] S.I. 1981/228back
ISBN 0 337 93535 1