Finances

Public funding

There is limited public funding available for representation at the Magistrates’ Court. Public funding is means tested. We are used to managing such situations, applying for legal aid, and arranging representation on a budget, or assisting with a letter to the Court setting out, in accordance with your instructions, how you wish to proceed.

At the Crown Court the means testing is more generous however information is also required as to assets held. The Legal Aid Authority at the conclusion of a case will seek to recover the costs of the case in the event of a conviction. At the conclusion of a case where appropriate representations will be prepared and submitted to the trial Judge as to the apportionment of costs, the extent to which a defendant should be require to contribute.

If income is over the public funding threshold it is sensible to consider an application for legal aid as if refused public funding, but later acquitted, it will be possible to seek to recover some costs at the conclusion of the case. 

We are required to be in receipt of funds in order to arrange representation. Private clients can make payments by bank transfer, credit or debit card.

Please be aware of the increase in cybercrime and fraud. If you receive an email purporting to be from someone at Reynolds Dawson which seeks to direct a payment to bank details which differ from those which we have already given to you by us it will not be genuine. Please do not reply to the email nor act on any information contained in it but contact us immediately.

Staff Associations

Reynolds Dawson are familiar with the arrangements that afford Officers representation and to working within those, and other staff association parameters. 

Insurance

At Reynolds Dawson we are experienced in working with insurers under policies that allow for the holder or members of the holder’s family to be represented.

Some insurers have preferred solicitors; Reynolds Dawson is recognised by a number of insurers (ARC Legal; AIB and others). 

Private funding

Our aim is always to be open and transparent as to the cost of defending any criminal case, discipline hearing, Inquest, or providing advice and assistance. We will provide you from the outset with the hourly rates applicable to the fee earner who is to have the primary conduct of your case. This hourly rate will be exclusive of VAT. We will endeavour to provide you with a realistic, global estimate as to costs at the commencement of the proceedings, but it will be appreciated that very often there are developments in any case which can cause costs to rise unexpectedly, such as the service of additional evidence, additional hearings or jurors being in retirement, unexpected delays generating further Court appearances, and matters of that kind. You will be kept advised as to costs throughout the course of the case. 

In privately funded matters, we will provide revised costs information at appropriate intervals and when necessary. It is sadly impossible to provide an "average cost" in relation to any particular case, as the nature and extent of the work which is undertaken is so inherently varied and potentially can range from a quite straightforward matter to a case of immense complexity and substance. We will obviously differentiate between legal costs incurred by reference to the services provided by the Practice, and disbursements (e.g. barristers' fees, medical fees, private investigators etc). We will make it clear whether these costs are inclusive, or exclusive of VAT. We will at all times seek to provide you with the best possible information about how the matter will be priced, and the likely overall cost. At any given time, we will obviously be happy to discuss issues in relation to costs with you to ensure that you are being kept appropriately and properly advised as to both the likely costs involved, as well as the potential recovery of any costs in criminal proceedings in the event of an acquittal under a Defendant's Costs Order. It should be noted that costs awarded under a DCO are calculated at prevailing legal aid rates, and not reimbursed on the basis of the rates necessarily charged by reference to the fee earner who undertook the work within the Practice and are only available where a defendant has applied for legal aid and been refused.

We will advise as to the applicable hourly rate in relation to the fee earner who has the primary conduct of your case; the hourly rates within the Practice range from £120.00 to £375.00 per hour.

In certain instances, such as minor motoring offences, we can agree a fixed fee. For example, in relation to a straightforward guilty plea to a speeding allegation where there is no risk of disqualification, a fixed fee of £900.00 may apply in relation to taking instructions, instructing Counsel, and dealing with attendance at the Magistrates’ Court to mitigate the matter on your behalf. Similarly, we are open to seeking to agree fixed fees in other cases, but very often there are so many “variables” in the conduct of a criminal or misconduct matter, it is impossible at the outset or in the early stages of such a case to reasonably and accurately determine a fixed fee.

Interviews under caution

Interviews under criminal caution are a common feature of almost all criminal investigations, no matter how serious or trivial the offence being investigated. The question of whether and how to respond to questions in the interview will invariably have a profound impact on the future course of an investigation, including the likelihood of prosecution. At Reynolds Dawson we have a wealth of experience in advising clients how best to prepare for such interviews whether with the police, IPCC, Military police, or other agencies and authorities. Our aim in preparing clients for interview is to reduce the risk of prosecution or alternatively in certain circumstances to seek to mitigate the position.

Interviews should only be conducted under criminal caution where the investigator has grounds to suspect the commission of a criminal offence by the person being interviewed. There is a requirement that details should be disclosed sufficient to enable the individual suspected to understand why they are suspected of the particular offence alleged.

In an interview under criminal caution anything the interviewee says can be used as evidence against them in a criminal trial, however if the interviewee declines to answer questions, that silence can in certain circumstances be used as evidence. The question of whether an ‘adverse inference’ should be drawn will be a decision for a Court or Panel on a later date (if the case proceeds further) after hearing evidence and representations as to the relevant circumstances.

The options in responding are threefold; either to answer all questions, not to answer any questions, or to respond by way of a prepared response. It is important to take the right approach at interview, and the advice in each case will be tailored to the unique circumstances, instructions, and other relevant factors then known. Similarly, advising as to what should be included in a prepared response involves experience, judgement, and skill.

Interviews commonly occur following an arrest; alternatively an interviewee can be invited to attend for an interview. Some investigations are more protracted and complex than others and there may be a series of interviews. Ultimately there is a decision as to whether the case should proceed further.

Court

Some cases can only be decided at the Magistrates’ Court, these are known as ‘summary only’ offences; some must be heard at the Crown Court, these are ‘indictable only’, and some can be heard at either the Magistrates’ or Crown Court depending upon the circumstances, these are known as ‘either way’ offences. As you may expect the more serious allegations are indictable only offences and can only be decided in the Crown Court. In relation to both summary only and either way offences alleged, you will first be asked at the Magistrates’ Court what your plea is. This is obviously a vitally important decision. You are entitled to advance information from the Prosecution before entering a plea.

If a not guilty plea is entered, the next question for summary only offences is when the trial should be and the completion of a pre-trial hearing form. This requires amongst other details, an outline of your defence and any witnesses you intend to reply upon.

If the alleged offence is either way the next issue is where the case should be heard – Crown Court or Magistrates’ Court. At this point the Court hears representations from prosecution and defence and initially decides whether to accept jurisdiction. If the Court accepts jurisdiction and is therefore of the view that the case can be heard in the Magistrates’ Court the question will then be asked as to whether you agree to the Magistrates’ Court deciding the case or whether you wish to elect to have the case decided by a jury at the Crown Court. If however the Magistrates decline jurisdiction there is no choice offered and the case is sent to the Crown Court.

Indictable only cases will still require an initial appearance before the Magistrates’ Court who will then send the case to the Crown Court.

There are sometimes a number of evidential and tactical points to consider and discuss from an early stage. Indeed, in many cases the strategy starts at the interview stage.