How the process works
On this page:
The tests explained
To receive legal aid, an applicant must pass two tests:
- Interests of Justice test: determines whether an applicant is eligible for legal aid based on the merits of the case.
- Means test: establishes whether an applicant is financially eligible for legal aid, considering income and expenses. Capital is not included.
Legal aid cannot be granted to an individual if they fail either of these tests.
Appeals
An appeal process is available where the applicant is refused legal aid as a result of failing the Interests of Justice test.
If an applicant is refused legal aid as a result of failing the means test, the applicant may apply for a review on the grounds of hardship.
The application forms
To apply for criminal legal aid the applicant and their solicitor are responsible for completing the correct application form(s) and submitting them with relevant supporting evidence to the magistrates’ court.
Some applicants, particularly if they are mentally ill, illiterate or have learning difficulties, are likely to ask the solicitor to help them fill in the form.
Solicitors can claim payment for helping defendants to complete forms:
- If legal aid is granted, 30 minutes is allowed for completion of all the relevant forms, namely CDS14, CDS15, CDS16 and CDS17.
- Solicitors can claim this under the existing standard fee arrangement.
CDS14 Application for Legal Aid in Criminal Proceedings
All applicants will need to submit a fully completed CDS14 to the court.
The information provided in this form will be considered when applying the Interests of Justice test. Those applicants who satisfy the passporting criteria and therefore automatically pass the means test, must provide further information in this form.
Those who will not be passported through the means test must complete a CDS15 form.
CDS15 Financial Statement for Legal Aid in Criminal Proceedings
Where the applicant does not satisfy any of the passporting criteria they will need to submit a fully completed CDS15, along with supporting evidence of their means.
CDS16 Application for Review on the Grounds of Hardship
This form is for applicants who wish to request a hardship review of their application either:
- before they have undergone the formal means assessment
- after it has taken place and they have been refused legal aid because of their means.
CDS17 Statement of Truth
If an applicant is in custody, and therefore unable to obtain documentary evidence of their salary or wage, they may submit a CDS17.
Where are the forms?
All forms are on the CDS>CDS Forms page of this website. Welsh speakers can download the forms in Welsh from the Wales office pages.
How the applications are processed
Magistrates’ court staff process legal aid applications on a daily basis and will contact the applicants or their solicitor if any information is missing.
Processing time targets for court staff are:
- 90% of applications processed by 5pm on the day after the application is submitted
- 95% by 5pm on the third day
- 100% by 5pm on the sixth working day.
Court staff will post the decision directly to the applicant who should allow two working days to receive it.
Last updated: 14 July 2008