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.
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 — if above, you may pay a contribution(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