How the process works
On this page:
What each step involves
To apply for criminal legal aid, defendants will need to submit a fully completed Application for Legal Aid in criminal proceedings form (CDS14) to the court.
They may also need to submit a fully completed Financial Statement form (CDS15). If they are in custody, they may submit a Statement of Truth form (CDS17).
All forms are on the CDS Forms page of this website. Welsh speakers can download the forms in Welsh from the Wales office pages.
Details of hardship applications are on the Hardship unit page. Hardship applications are taken when:
- defendants are refused legal aid because they fail the means test
- defendants think they will fail the means test but have exceptional financial circumstances.
All applications should be submitted to the magistrates’ court.
Early cover
Solicitors who work on a case before legal aid is granted may make a claim to the LSC under either the Early Cover or Pre-Order Cover provisions of the General Criminal Contract.
The Early Cover Scheme provides for solicitors when the first hearing for a case is before a decision on legal aid is reached. A fixed fee payment of £75 to solicitors covers representation of clients at the first hearing.
Conditions for Early Cover claims are:
- a fully completed Application for Legal Aid form has been submitted and received by the court within two working days of the client being charged (five days if the client is in custody)
- no decision has been reached on that Application for Legal Aid before 9am on the day of the first hearing
- the first hearing advances the case and any adjournment is justified
- the eventual legal aid decision determines that the applicant passes the Interests of Justice test but not the means test.
Where legal aid is granted, this initial work can be claimed for within the Standard Fee.
Where legal aid is refused on Interests of Justice grounds, a claim for Pre-Order Cover can be made, as is currently the case.
If the application is refused on the grounds of Interests of Justice and financial means, Pre-Order Cover can be claimed. Early Cover cannot be claimed.
Turnaround times
Processing time targets for court staff are:
- 90% of applications processed by 5pm on the day after the application is submitted
- 99% by 5pm on the third day
- 100% by 5pm on the sixth working day.
Court staff will post the decision to the defendant. Please allow two working days.
Appeals against applications that fail the Interests of Justice test will be dealt with within 24 hours of the appeal submission.
Responsibilities
Defendants are responsible for completing the application form(s) and submitting them to the court.
The forms are available from:
- the CDS Forms page of this website
- the Forms Orderline, telephone: 0208 867 3296, email: cdsforms@ecgroup.uk.com
- solicitors' offices
The forms can also be obtained from magistrates' courts in emergencies.
Court staff are responsible for checking applications and notifying defendants if any required information is missing.
Review of means testing forms
We will conduct a review of the first six months of the new scheme later in 2007. New, shorter forms will be available as of 29 January. You can read an update from Legal Aid Minister Vera Baird on the Legal Updates pages.
Last updated: 16 January 2007