Is legal aid always free for police station interviews?

Legal aid for police station interviews is always free and does not depend on your financial situation. However, eligibility for representation in magistrates' courts or the Crown Court is different. For court cases, you must pass both an 'interests of justice' test and a means test. Police station advice is means-blind, meaning your income or benefits do not affect your right to free legal advice at that stage.

What are the income limits for criminal legal aid?

In the Crown Court, your annual household disposable income must be below £37,500 to be eligible. If your income is at or above this amount, you are generally not eligible, though you may apply for an eligibility review. In magistrates' courts, automatic eligibility applies if your annual gross income is below £12,475 or if you receive a passporting benefit. Those earning more than £22,325 in magistrates' court are generally refused.

Do benefits like Universal Credit automatically qualify me for legal aid?

Receiving a passporting benefit, such as Universal Credit, Income Support, income-based Jobseeker's Allowance, or income-based Employment and Support Allowance, automatically satisfies the means test in magistrates' courts. This means you do not need to provide detailed financial information to prove your income is low enough for eligibility in these specific court proceedings.

What is the 'interests of justice' test?

The 'interests of justice' test considers factors such as whether the offence carries a real risk of imprisonment, if conviction would cause loss of livelihood or serious reputational damage, or if a substantial question of law is involved. It also applies if you cannot understand proceedings due to language, mental health, or disability issues, or if the case involves tracing and interviewing witnesses.

Does a summary offence with a possible prison sentence qualify for legal aid?

Yes, almost any summary offence where custody is a possible sentence satisfies the criterion regarding the risk of imprisonment. This is one of the factors considered under the 'interests of justice' test, which is required for eligibility in both magistrates' courts and the Crown Court, alongside the means test.

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Legal Aid

Updated 2026-04-09

Eligibility Checklist for Criminal Legal Aid

Check whether you qualify for criminal legal aid for a police station interview, magistrates' court, or Crown Court case.

Overview

Criminal legal aid covers representation at the police station (always free regardless of means), in magistrates' courts, and in the Crown Court. Eligibility for court-based criminal legal aid depends on an 'interests of justice' test (the Widgery criteria, codified in Schedule 3 LASPO 2012) and a means test. Police station advice is always free and means-blind.

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Interests of Justice Test (Crown Court / Magistrates)

The offence carries a real risk of imprisonment if convicted(Essential)

Almost any summary offence with custody as a possible sentence satisfies this criterion

Conviction would lead to loss of livelihood (e.g. loss of professional licence or driving licence essential for work)

Conviction would cause serious damage to your reputation

A substantial question of law is involved

You are unable to understand the proceedings or state your own case without assistance (e.g. language, mental health, disability)

The case involves the tracing and interviewing of witnesses

Means Test

For Crown Court: your annual household disposable income is below £37,500 — at or above this you are not eligible for legal aid, though you may apply for an eligibility review(Essential)

For Magistrates' Court: your annual gross income is below £12,475 (or you receive a passporting benefit) for automatic eligibility(Essential)

Those earning more than £22,325 in the Magistrates' Court are generally refused

You receive a passporting benefit (Universal Credit, Income Support, income-based JSA or ESA)

Passporting benefits automatically satisfy the means test in the Magistrates' Court

Related Guides

Related Rights

Official Resources

Gov.uk — Criminal Legal Aid →Legal Aid Agency →

Frequently asked questions

Is legal aid always free for police station interviews?: Legal aid for police station interviews is always free and does not depend on your financial situation. However, eligibility for representation in magistrates' courts or the Crown Court is different. For court cases, you must pass both an 'interests of justice' test and a means test. Police station advice is means-blind, meaning your income or benefits do not affect your right to free legal advice at that stage.
What are the income limits for criminal legal aid?: In the Crown Court, your annual household disposable income must be below £37,500 to be eligible. If your income is at or above this amount, you are generally not eligible, though you may apply for an eligibility review. In magistrates' courts, automatic eligibility applies if your annual gross income is below £12,475 or if you receive a passporting benefit. Those earning more than £22,325 in magistrates' court are generally refused.
Do benefits like Universal Credit automatically qualify me for legal aid?: Receiving a passporting benefit, such as Universal Credit, Income Support, income-based Jobseeker's Allowance, or income-based Employment and Support Allowance, automatically satisfies the means test in magistrates' courts. This means you do not need to provide detailed financial information to prove your income is low enough for eligibility in these specific court proceedings.
What is the 'interests of justice' test?: The 'interests of justice' test considers factors such as whether the offence carries a real risk of imprisonment, if conviction would cause loss of livelihood or serious reputational damage, or if a substantial question of law is involved. It also applies if you cannot understand proceedings due to language, mental health, or disability issues, or if the case involves tracing and interviewing witnesses.
Does a summary offence with a possible prison sentence qualify for legal aid?: Yes, almost any summary offence where custody is a possible sentence satisfies the criterion regarding the risk of imprisonment. This is one of the factors considered under the 'interests of justice' test, which is required for eligibility in both magistrates' courts and the Crown Court, alongside the means test.