Criminal Legal Aid
To determine whether you qualify for legal aid you must satisfy two tests a. Means Test (Financial Eligibility) and b. Merits (Interest of Justice test). If you are under 18 you will automatically qualify for legal aid.
Means Test (Financial Eligibility Test)
The basic principal here is whether you can afford to fund your legal representation. The legal aid agency will take into account your:
- Income
- Family Circumstances
- Essential living costs such a mortgage and rent
- Where the case is being heard for example, trials in the Crown Court, retrials committals for sentence
The Legal Aid Agency will take into account the total household income, outgoings, capital and equity.
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Legal Aid Threshold
Legal Aid Threshold for Magistrates Court Cases
Lower Threshold – £12475
Upper Threshold – £22325
Anyone not qualifying for legal aid may apply for a review on the grounds of hardship.
Legal Aid Threshold for Crown Court Cases
If your annual household disposable income is more than £37500 you will not qualify for legal aid. If the disposable income is more than £3398 but less than £37500 you will be responsible for a contribution towards the legal costs. If you have above £30,000 in capital and equity and are convicted you may have to contribute towards any remaining balance against your final defence costs.
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Legal Aid at Court
Any person who has been charged with a criminal offence will most certainly pass the means test if they are in receipt of:
- Income support
- Jobseekers allowance (Income based JSA)
- Universal credit
- State Pension Guarantee Credit
- Income-based Employments and Support Allowance (ESA)
NOTE: You must also pass the interest of Justice Test i.e. seriousness of the offence, previous convictions, risk of custody. So the more serious offence the more likely the interest of Justice test will be passed.
Below there is a table Financial Eligibility Calculator for criminal legal aid.
Eligibility Calculator
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