Once you tick the conflict box, the portal does not even ask you for the co-Defendant spouse’s income.
All you need is the partner’s name and date of birth if they are victim, prosecution witness or co-Defendant with a conflict.
If there is no conflict, the LAA do operate a system to increase the threshold where partners are co-Defendants but I am struggling to remember how they do it precisely.
Harvey Fox
Police Station Advice Coordinator
FREEMANS SOLICITORS
07973 259382 (24 Hours)
Secure email: harvey.fox@freemans.cjsm.net
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk]
On Behalf Of Mark Troman
Sent: 12 February 2019 17:32
To: Lccsa Members List <members@mail.lccsa.org.uk>
Subject: married couple, co-Def and legal aid
Does anyone one know the position the LAA take when you act for one spouse and apply for legal aid, knowing the other spouse will also apply?
Their combined income would exclude both of them but taken alone they would each qualify with contributions.
On the portal you can declare that they are co-defendants with a conflict but does that mean I still have to declare the other parties income or do I leave it off on the basis
that I cannot obtain this info and it should not be counted?
Any pointers would be gratefully appreciated.
Mark
Mark Troman
Solicitor & Higher Courts Advocate
Powell Spencer & Partners
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London, NW6 2BY
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