Terminating aid scenario

Scenario – abandoning grant by entering into a private costs agreement

Calvin was charged with supplying prohibited drugs. He has a grant of aid for the proceedings in the District Court. The grant is assigned to a private lawyer. One week before the hearing Calvin forwards you an email from his uncle saying: "your dad tells me you are in court next week. I have organised a great lawyer for you. She wants you to attend her office this afternoon and she said you will have to sign a costs agreement. Don't worry, I will pay for it. I owe your dad."  Calvin then telephones you and says that his uncle often provides him money when he needs it, and he no longer wants the grant of aid.

Suggested action

Before terminating the grant of aid advise Calvin that:
> he cannot have his grant of aid reinstated following termination
> if he subsequently wants a grant of aid for the same matter he will need to:
- apply for a new grant of legal aid, and
- disclose his financial circumstances
> otherwise he should confirm in writing that he no longer wants the grant of aid.

Upon receipt of confirmation from Calvin the grant of aid should be terminated and a determination made as to whether a s.46 contribution should be imposed where we are now aware the client has access to previously undisclosed financial resources.