Criminal legal aid eligibility

On this page:

What is means testing?
Who's responsible for what?
What happens if I don't pass the means test?
Checking financial eligibility
Consultation published on means testing in the Crown Court

What is means testing?

Legal aid is a source of government funding available to people who otherwise would not be able to afford legal advice or a solicitor to represent them in court.

The government has re-introduced means testing for legal aid applications in criminal defence cases in the magistrates’ court.

Means testing ensures that those who can afford to pay, do pay for legal representation. It is forecast to save an estimated £35 million a year, which will be used in other areas of legal funding.

Who's responsible for what?

The LSC is accountable for the grant of legal aid. We delegate day-to-day responsibility for granting representation orders in the magistrates’ courts to Her Majesty’s Courts Service.

What happens if I don't pass the means test?

Applicants who are ineligible for legal aid in the magistrates’ court and choose to fund their defence privately can apply to reclaim their costs if they are subsequently found not guilty. They can apply for these costs from Central Funds, a further source of funding from the Ministry of Justice.

Checking financial eligibility

Legal aid practitioners can work out whether a client is financially eligible for legal aid by using the information under the Means testing pages.

Keycard 44a (re-issued in Oct 08 to include Income Based Employment and Support Allowance (ESA) as a passported benefit) is under Documents.

Consultation published on means testing in the Crown Court

The MoJ consulatation response on the regulations that support the start of means testing has been published.