Mailbox should help processing of Interests of Justice appeals against refusal of legal aid.
A new mailbox has been set up to deal with Interests of Justice (IOJ) appeals.
This is to be used when a decision not to grant criminal legal aid has been made by the Legal Aid Agency (LAA).
It should not be used when the decision not to grant legal aid has been made by HM Courts & Tribunals Service (HMCTS).
In these circumstances the appeal will need to be directed to the relevant magistrates’ court.
Appeals against LAA decisions on IOJ
You will need to download the pro forma called ‘Application to appeal grant of legal aid refused on IOJ criteria’ – see below to download from GOV.UK.
The pro forma will need to be sent to us using the email address below. We will then carry out an administrative review of the decision within 2 working days (this does not include the day of receipt).
When sending the form you need to state in your email subject line which Criminal Application Team (CAT) site made the original decision, eg ‘IOJ appeal CAT Birmingham’.
Judicial consideration of appeals
If the decision remains unaltered then you may decide you would like a further appeal to be considered judicially by the magistrates’ court hearing the case.
In these circumstances, you should send your submission using the email address below. This should make it clear in the email subject header that this is for judicial consideration.
We will then send relevant paperwork to the court and notify the provider of the outcome. You should note that turnaround times on this will be subject to the court listing arrangements.
CJSM Secure eMail
When emailing any sensitive or personal information remember to use CJSM Secure email. This is the best way of safeguarding personal or sensitive data when you send emails and avoids the risk of possible data breaches under the Data Protection Act (DPA).
Email: email@example.com – to send pro forma
Criminal legal aid processing: applications and digital systems – to download pro forma
Work out who qualifies for criminal legal aid – information about the IOJ test
Protect yourself by using CJSM Secure eMail – news story about Secure eMail