refusal of legal aid

[sarah7878]

My partner has been charged with section 39 battery, his first court appearance has been adjourned till next tuesday, now he has been told he cant get legal aid as its not in the interest of justice. What does this mean? is he going to go to jail? he has had no previous

[ConnieInnocent]

I'm surprised his legal aid has been refused on the interests of justice for a common assault. Is he pleading guilty or not guilty?

[AngryMushroom]

Interests of Justice test: determines whether an applicant is eligible for legal aid based on the merits of the case.

http://www.legalservi...justice_test.asp#what

The maximum penalty is six months imprisonment and/or a fine of up to £5,000 can be given, but highly unlikely due to first offence.

Having been through this myself (many moons ago). I received 3 months custodial sentence, suspended for 12 months, £200.00 fine + Costs. First Offence. Section 39 Assault.

Battery consists merely in unlawfully touching another (thus no particular injury is necessary).Battery is distinguished from assault, where the victim is caused to apprehend the immediate commission of a battery.

Hope this helps....Good Luck to you Both.

[Ghengiskhan]

Good luck, pls t me know how he gets on, i am in the same boat and worried about whta going to happen

[Ghengiskhan]

he should get represenation from a duty Solicitor at the court for the particular charge