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Legal matters

Can anyone please help with basic info about the Welsh legal system?

8 replies

ThatllDoPig · 16/11/2011 11:51

Is it true that if you are charged with a crime and plead not guilty, and it then goes to crown court, that the defendant has to pay all legal fees, including hiring expert witnesses etc.
thanks for any help.

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OhdearNigel · 16/11/2011 12:12

It's the same as the English legal system. All defendants charged with an indictable offence are entitled to legal aid, regardless of means. So no, you wouldn't have to pay for your defence.

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prh47bridge · 16/11/2011 12:12

You have to pay your own legal costs. You do not have to pay the prosecution's costs. You may be eligible for legal aid to help with your costs. If you are found not guilty you can normally reclaim some or all of your costs.

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wahwahwah · 16/11/2011 12:13

I thought it was the same as English too. It's Scottish that is different from English.

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OhdearNigel · 16/11/2011 12:14

sorry, indictable offence means something that can only be heard at Crown Court. If you tell me what offence this relates to I can advise you whether it is summary, either way or indictable.

If it's summary and heard at a magistrates court then you may or may not get legal aid - if you don't then you have to pay for your defence

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OhdearNigel · 16/11/2011 12:17

prh, didn't realise they had brought in means testing recently (been away).
OP - crown court is now means tested. IME most defendants get legal aid.

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prh47bridge · 16/11/2011 12:18

OhdearNigel - Not true. You are entitled to free legal advice at the police station but you won't necessarily get all your costs paid once it goes to court. That depends on the merits of the case and a means test. Around 75% of defendants receive free legal aid at the Crown Court. The rest have to make a contribution depending on the means test. See here.

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prh47bridge · 16/11/2011 12:19

Cross posted with OhdearNigel! Yes, most defendants get all their costs paid.

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ThatllDoPig · 16/11/2011 12:48

Thanks for all answers. Very useful and thanks prh for the link. Just what I was looking for and couldn't find.
It is definatly a crown court case.

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