Project definitions For the purposes of this factsheet:1 Means test Legal Aid The provision of legal advice, assistance and/or representation by a legal aid lawyer provider either at no cost or subject to a financial contribution.2 The means test requires Member States to consider factors such as the income, capital and family situation of the person concerned, as well as the costs of the assistance of a lawyer and the standard of living in that State in order to determine whether a suspect or an accused person lacks sufficient resources to pay for the assistance of a lawyer. Lawyer Merits test A person qualified and authorised according to national law to plead and act on behalf of his or her clients, to engage in the practice of law, to appear before the courts or advise and represent his or her clients in legal matters. The merits test requires Member States to consider the seriousness of the offence, the complexity of the case and the severity of the sanction at stake in order to determine whether the interests of justice require legal aid to be granted Legal Advice The provision of information by a legal aid provider on a person’s legal rights and/or responsibilities and on the manner of and existing possibilities for solving a particular legal issue. Legal Assistance Assistance by a legal aid provider, including, for example, assistance in drafting documents and court pleadings, support in mediation and help in navigating the rules and procedures. Legal Aid Provider Any person (legal or natural, and whether professionally qualified in law or not) involved in the delivery of State-funded legal aid, whether it be provided on a full-time, part-time or case-by-case basis. Child A child is any person below the age of 18 years, as provided by Art 1 of the UN Convention on the Rights of the Child (CRC). When referring to a child who is a suspect or accused person, the term child may extend to persons older than 18 in certain cases as established by the EU Directive (EU) 2016/800 of 11 May 2016. Interview The questioning of a suspect or accused person by a law enforcement officer regarding their alleged involvement in a criminal offence. Persons in a situation of vulnerability Any person who, because of his or her specific situation or circumstances, requires specific care, attention or assistance. 1. Definitions source: 2021 CoE guidelines on “The efficiency and the effectiveness of legal aid schemes in the areas of civil and administrative law.” 2. Among its legal bases are: European Convention on Human Rights art 6.3.c., European Union Charter of Fundamental Rights art. 48.2, Recommendation on the right to legal aid for suspects or accused persons in criminal proceedings 2013/C 378/03. 6 7