Examination Timing: 00H01M03S
A man has been arrested on suspicion of common assault. He is a professional football player earning £180,000 per year. It is alleged that the man punched a photographer who was trying to take a picture of him whilst he was having a drink with a woman in a bar. The man has never been in trouble with the police before and has requested that he is represented by the duty solicitor while he is interviewed under caution at the police station.
Will the man be entitled to publicly funded legal representation in connection with the defence of his case?
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In England and Wales, anyone arrested and held at a police station is entitled to free legal advice, regardless of their financial circumstances. This means that the man is eligible for publicly funded legal representation by the duty solicitor at the police station. However, for representation in the Magistrates' Court, both the means test and the interests of justice test apply. Given the man's substantial annual income of £180,000, he is likely to fail the means test, which assesses financial eligibility for legal aid. Therefore, while he can receive free legal representation during the police interview, he will not qualify for publicly funded representation in the Magistrates' Court due to his income.
Key Point: This question underscores the distinction between the availability of free legal representation at the police station and the criteria for obtaining legal aid for court proceedings. Understanding these differences is crucial for advising clients on their entitlement to publicly funded legal representation.
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