How it works
On this page:
What does it involve?
Under Crown Court means testing defendants who can genuinely afford to pay towards their legal aid defence costs and who are convicted will do so.
Those who need free legal aid representation - around 3 out of 4 - continue to get it free, including anyone:
- under 18
- on a low income
- who receives specific income or job seeking benefits.
Around 1 in 4 will still be entitled to legally aided representation in the Crown Court but will have to contribute towards it. This is different to the magistrate's court scheme where those who can afford it must pay privately for all the costs of representation.
Contributions to defence costs
There are two possible types of Crown Court contribution defendants may have to make – from income and from capital.
Payments from income
Payments from income are made before or during the Crown Court case. They are carefully calculated and take account of the defendant’s household earnings, their family circumstances – for example the number and age of children – and essential spending like mortgage and rent.
There is a maximum of six monthly payments. If they are found not guilty and they have paid on time, all the money is refunded at the end of the case with interest.
If the defendant believes there are exceptional circumstances that should be considered, they can apply to have their contribution reviewed.
Payments from capital
At the end of a case, if the person has been found guilty of a crime, they may be asked to pay any outstanding defence costs, but only if they have £30,000 or more of assets, for example, savings, equity in a property or shares.
If the person does not pay the contributions they are told to pay from either income or capital, the Legal Services Commission may charge interest and take enforcement action.
A CCMT English pocket guide explaining simply how means testing works in the magistrates’ court and Crown Court is available on the training and guidance materials page.
We have also produced training and guidance materials for solicitors so they can help and advise their clients.
Consultation and response
Means testing in the Crown Court has been introduced following extensive consultation by the Government. A copy of the consultation paper and response – published on 8 June 2009 – is on the Crown Court means testing consultation page.
For more information
Please email the CCMT project team for more information on how Crown Court means testing works.
Last updated: 15 February 2010