Funding

Legal Aid

Interviews Under Caution

During interviews under caution with the civilian police in England and Wales and with the military police (RMP, RAFP, RNP and IMP) both in England and Wales and overseas, funding through what is known as ‘Legal Aid’ is available. The Legal Aid Agency provides funding for interviews in England and Wales with the civilian police and military police and the Armed Forces Criminal Legal Aid Authority provides funding for interviews with the military police for all places outside of England and Wales. In short, this means that you are entitled to legal representation at interviews at no direct personal cost to you.

Jonathan Lynch is able to offer assistance in person at interviews conducted by the military police outside of England and Wales with ‘Legal Aid’ funding. It does not matter where in the world the interview is, it will not cost you or your Unit a penny.

For interviews in England and Wales, however, Jonathan Lynch can only attend interviews in person through an agreement with another law firm owing to the need for a ‘Crime Contract’ to be in place - Jonathan Lynch is not eligible for such a contract from the government at this stage. When Jonathan Lynch is not able to attend in person, he utilises his many contacts to ensure that a legal representative funded by the Legal Aid Agency can attend on his behalf. Do not hesitate, therefore, to contact Jonathan Lynch about any interview with the police, as he will ordinarily be able to assist in ensuring that you have access to experienced and well-regarded legal representatives. That being said, Jonathan Lynch can also attend such interviews in person under a private fee agreement - please see below.

Court Proceedings

During court proceedings, it’s a little more complicated. ‘Legal Aid’ is still available, but it is 'means tested'. If you have a very low disposable income, you could be entitled to ‘Legal Aid’ at no direct personal cost to you. If, however, you have a disposal income that, within the rules, means that you are able to afford to contribute to your legal fees, you will need to make a contribution to the cost or cover the whole cost. Should, of course, you be acquitted (that is, found to be ‘not guilty’) of the charge or charges that you face, you will receive a full refund of whatever contribution you have made in advance of the hearing. Further information will be provided to you in relation to this should you instruct Jonathan Lynch to represent you with ‘Legal Aid’ funding.

There is a further complication, however, that relates to which court your case is heard in. 

In relation to Courts Martial, Summary Appeal Court cases and Service Civilian Court cases (so all court cases within the Military Justice System) Jonathan Lynch is able to accept instruction with funding from the Armed Forces Criminal Legal Aid Authority.  That is, should you apply for ‘Legal Aid’ funding in these cases and are granted a ‘Representation Order’, Jonathan Lynch can represent you. 

In order for a lawyer to be funded by ‘Legal Aid’ during proceedings in the Magistrates’ or Crown Court, however, the lawyer needs to have a ‘Crime Contract’ with the government. Jonathan Lynch is not eligible for a ‘Crime Contract’ at this time, so proceedings in the civilian courts can only be conducted with private funding - please see below in relation to this. Do not, however, hestiate to contact Jonathan Lynch to discuss the position with regards to funding in the civilian courts, as every effort will be made to ensure that you obtain the representation that is right for you.


Private Funding

Interviews

Where ‘Legal Aid’ funding is not an option and Jonathan Lynch is requested to attend an interview in person regardless of this, a prviate fee will need to be agreed in advance of the interview and an advance payment made. Jonathan Lynch is fully aware of the financial situation faced by many, so he keeps his fees broadly in line with what he would be paid through ‘Legal Aid’ funding should ‘Legal Aid’ be granted by the Armed Forces Criminal Legal Aid Authority. To this end, the following rates apply:

Attendance at and travel to the police station between 0900hrs and 1700hrs:    £60.00 per hour plus VAT = £72.00 per hour
Attendance at and travel to the police station between 1700hrs and 0900hrs:    £80.00 per hour  plus VAT = £96.00 per hour
Mileage:   £0.45 per mile plus VAT = £0.54 per mile
Flights, hire car, public transport, over-night accommodation and subsistence where required:   at cost (receipts provided)

Should Jonathan Lynch be asked to attend an interview via a video conferencing platform or telephone conference from his office, the above-stated hourly rates apply.

Court Cases

Every court case is different, so the cost of representation during each court case will be determined by the seriousness and complexity of the case and the instructions provided by the client. An hourly rate can be utilised, but the most common option is a ‘fixed fee’, as this provides certainty for all concerned. All fees will be agreed in advance and recorded in a contract. 

Should Jonathan Lynch be instructed on an 'hourly rate' basis, the total fee charged by will dictated by the time spent on the case. The charging rate is £200.00 per hour plus VAT (£240.00 per hour total) and will be applied to all activities undertaken except travel.

Should Jonathan Lynch be instructed on a ‘fixed fee’ basis, the fee will depend on the seriousness and complexity of the case. A significant factor is if there will be a ‘guilty’ or ’not guilty’ plea - a ‘guilty plea’ normally requires significantly less work, so the fee will reflect this. Another significant factor is the number of witnesses that will need to be spoken to in preparation for a trial - speaking to witnesses is a very time-consuming activity and, therefore, the need to speak to a large number of witnesses will attract a higher fee. 

Whether an ‘hourly rate’ or ‘fixed fee’ agreement is ultimately requested, Jonathan Lynch charges a one-off 'Initial Advice and Assistance Fee’ in all cases. This gives you an opportunity to obtain ‘initial advice and assistance’ after the interview process has been concluded and up to the first court hearing. This service enables you to have a case conference with Jonathan Lynch and go through the case papers. Based upon your instructions, Jonathan Lynch will advise you of your options and provide his professoinal opinion on the best way forward. Based upon your instructions, Jonathan Lynch will also liaise with the Crown Prosecution Service, Service Prosecuting Authority and/or other legal professionals and experts should it be appropriate to do so. You can then make a decision as to whether or not you want to instruct Jonathan Lynch to represent you throughout the court proceedings and on what basis, ‘hourly’ or ‘fixed'. This fee is not refundable should you subsequently decide not to accept the terms of the contract. The ‘Initial Advice and Assistance Fee’ is:

£300.00 plus 20% VAT = £360.00 

Should Jonathan Lynch be required to travel to and/or stay over-night during court proceedings at a court not local to the offices of Lynch Law, the costs incurred will be charged to the client. The hourly rate of travel is fixed at £80.00 per hour plus VAT (£96.00 per hour total) and mileage is fxed at £0.45 per mile plus VAT (£0.54 per mile total). The cost of an over-night stay will be agreed in advance and will be determined by the location where Jonathan Lynch will need to be accommodated. Every effort will be made to keep costs to a reasonable amount and original receipts will be kept for inspection by the client. 

Whether an ‘hourly rate’ or ‘fixed fee’ agreement is requested, disbursements are additional expenses that you will have to pay, such as excessive administration costs, court fees, barrister’s fees and expert’s fees. These fees will be agreed in advance and recorded in a contract. 

For all details about a private fee agreement and the costs involved, please contact Jonathan Lynch.


AGAI/Administrative Action and Service Complaints

‘Legal Aid’ is not available for advice and assistance during AGAI/Administrative action and Service Complaints. Consequently, a private-fee agreement will need to be reached. The fees are:

Initial Advice and Assistance Fee:  £150.00 plus VAT = £180.00 total
Hourly Rate:  £80.00 per hour plus VAT = £96.00 per hour
Mileage: £0.45 per mile plus VAT = £0.54 per mile
Flights, hire car, public transport, over-night accommodation and subsistence where required: at cost (receipts provided)

Should Jonathan Lynch be asked to attend meetings or speak to witnesses via a video conferencing platform or telephone conference from his office, the above-stated hourly rates apply. 

The ‘Initial Advice and Assistance Fee’ is a one-off payment that covers the initial stages of the case. That is, it covers the cost of creating the case file, reviewing the initial paperwork prior to the initial consultation with you and any communication that we have had prior to the signing of a contract. Should you decide not to accept the terms of the contract, this fee is not refundable. That being said, please contact Jonathan Lynch to determine whether or not it is even necessary to enter this ‘initial’ stage, as AGAI/Administratve action and Service Complaints are designed to be ‘user friendly’, so the instruction of a lawyer is not always necessary.


Value Added Tax

All amounts stated above are subject to Value Added Tax (‘VAT’) at the rate of 20%. Where not stated, the VAT amount is to be added to the net amounts stated above.


Anti-Money Laundering Mechanisms

You will need to provide proof of identity and address before any agreement can be reached. This can be achieved via the production of a UK Driving Licence, a passport or a MOD90 for your identity and a utility or council tax bill for your address.  

In accordance with regulations, any direct payment into the bank account of Jonathan Lynch must be authorised by Jonathan Lynch and must quote the client reference number provided on the contract. Any payment received that does not include the client reference number will be rejected. Any costs incurred in rejecting a payment not properly referenced will be charged to you. The cost of any additional checks necessary will be charged to you.