Cheap Prison Calls:
Legal Aid For Prisoners

Legal aid plays a critical role in ensuring that everyone, including prisoners, has access to legal representation and advice, regardless of their financial status. This guide will provide a comprehensive look into how legal aid works for prisoners in the UK, the types of legal assistance they can access, and how they can apply for support.

What is legal aid?

Legal aid is a service provided by the government to help people who cannot afford legal advice, assistance, or representation in court. It ensures that everyone has the right to a fair trial and legal support, including those who are incarcerated. In the UK, legal aid is administered by the Legal Aid Agency for England and Wales, Scottish Legal Aid Board for Scotland, and Northern Ireland Legal Services Agency.

Prisoners are often in need of legal assistance, whether it’s for appealing their sentence, applying for parole, addressing issues regarding prison conditions, or managing family law matters. Legal aid is crucial in helping them navigate these legal processes.

Eligibility for legal aid

Not every prisoner is automatically entitled to legal aid; eligibility depends on several factors:

Legal aid is available for various types of cases that prisoners may face. Some examples include:
- Criminal defense: For prisoners who wish to appeal their conviction or sentence.
- Parole hearings: To help prisoners make a case for early release.
- Judicial reviews: To challenge the legality of a decision made by a public authority, such as prison administration.
- Family law: For cases involving child custody or divorce.
- Civil claims: Cases related to the prisoner's treatment or conditions within the prison.
- Human rights cases: For prisoners facing violations of their rights under the Human Rights Act 1998.

Some cases, like criminal defense, are automatically eligible for legal aid, while others, such as civil claims, may require the prisoner to pass a means test (financial eligibility check).

Legal aid is often means-tested, which means that a prisoner's financial situation is assessed to determine whether they qualify for assistance. Prisoners must disclose their income and savings, although for many, the restricted income in prison makes them eligible. However, if the prisoner has significant savings or assets, they may be required to make contributions towards their legal costs.

Types of legal aid available for prisoners

Legal aid for prisoners can take several forms depending on the nature of their case. Here are the main types:

Legal Advice
Prisoners can access free legal advice, which covers:
- Help understanding the legal processes involved in their case.
- Advice on the best course of action, whether it be appealing a decision or making a complaint about prison conditions.
- Guidance on preparing for hearings, such as parole boards.

Legal Representation
In cases where prisoners need to attend court or a tribunal (e.g., parole board hearings, criminal appeals), legal aid can provide representation by a solicitor or barrister. This is particularly important for prisoners who are not familiar with the complex legal language and procedures.

Mediation and Dispute Resolution
For family law cases, legal aid can provide mediation services to help resolve disputes outside of court. This is often used in cases involving child custody or divorce, where reaching an amicable agreement is preferred over a lengthy court battle.

How to apply for legal aid

The process for applying for legal aid can be initiated by the prisoner or by their solicitor. Here’s how it works:

Contacting a Solicitor
‍A prisoner’s first step in accessing legal aid is to contact a solicitor. Most prisons provide a list of solicitors who are accredited to work with legal aid cases, and prisoners can make phone calls to request legal assistance. Prisoners can also apply directly for legal aid through their legal representatives if they already have one.

Filling Out the Legal Aid Form
‍Once the solicitor agrees to take on the case, they will help the prisoner complete the necessary legal aid application form. This form requires details about the case, the prisoner's financial situation, and the legal assistance being sought.

Assessment of the Application
‍The legal aid agency will review the application to ensure the prisoner meets the eligibility criteria. If the prisoner qualifies, legal aid will be granted. In cases where the prisoner is required to contribute to their legal costs, they will be informed of this during the application process.

Receiving Legal Aid
‍Once approved, the prisoner will receive the necessary legal support, whether it be advice, representation, or mediation services.

Legal aid and prison call services

For prisoners and their families, maintaining communication is essential during legal proceedings. Prison Call provides a service that can significantly reduce the cost of phone calls made from prisons. This service is particularly useful for prisoners who need to contact their solicitor or legal representative, as legal aid does not cover the cost of communication outside of court-related matters.

By using Prison Call’s Virtual Landline, prisoners can make cheaper calls to their solicitor, ensuring they stay in contact throughout their legal proceedings without the burden of high phone bills. Regular and affordable communication is vital for keeping legal cases on track and for maintaining morale during what can be a stressful and lengthy process.

Challenges in accessing legal aid in prison

Delays in the Application Process
The legal aid application process can sometimes take weeks or even months. This is particularly problematic for prisoners awaiting trial or urgent parole hearings. Delays in processing can result in prisoners being left without legal representation when they need it most.

‍Limited Access to Solicitors
Prisoners may have limited access to solicitors, especially in overpopulated prisons where legal resources are stretched. This can slow down the legal process and make it difficult for prisoners to get timely advice.

Language Barriers
‍For prisoners whose first language is not English, navigating the legal aid system can be even more challenging. Many prisons provide translation services, but this can add further delays to the process.

Legal aid is an essential service for prisoners who need assistance with legal matters, from defending against criminal charges to challenging prison conditions. While there are some barriers to accessing legal aid in prisons, the system ensures that every prisoner has the opportunity to receive legal advice and representation, regardless of their financial situation. By understanding how legal aid works and the different types of assistance available, prisoners and their families can make informed decisions about their legal rights and how best to move forward with their cases. For more affordable ways to stay in touch with prisoners, Prison Call offers convenient services that help reduce the cost of prison phone calls, ensuring that communication remains open during legal proceedings.