Reminder on applications for legal aid for criminal appeals

This update is to remind you of the importance of following the two-stage approach to appeals to ensure cover is in place.

There have been a number of cases recently where we have been asked to backdate a grant of criminal legal aid for an appeal where the application was not submitted at the correct time.

This has usually been where an appeal passed the sift process but no application for the full appeal was made at that time.

Once an appeal has passed the sift process, please make sure that you have applied for and received a grant of full legal aid for the appeal hearing before any work is carried out.

We cannot subsequently backdate any grant of legal aid for criminal appeals.

We have no discretion on this, nor can we accept any ‘special reason’ for making a retrospective grant.

Guidance on legal aid applications for appeals

It is important to remember that there is a two-stage approach to appeals with:

• Special Urgency cover under Regulation 15 for marking and lodging the appeal and conducting any sift process
• Full legal aid for preparing for, and conducting the appeal hearing, once the case has passed the sift stage, or the appeal has been lodged, if no sift stage applies.

Regulation 15 cover will be provided until leave to appeal has been granted, and an application for an appeal certificate should be lodged at the conclusion of the sift process, with necessary supporting documentation confirming that leave to appeal has been granted.   

Full details of the Criminal Appeals processes and guidance on when to apply for legal aid can be found in our Legal Aid Guidance.

Work covered at each stage

More information

Please contact:

Kingsley Thomas

Head of Criminal Legal Assistance,

Email: thomaski@slab.org.uk