Interests of Justice test

On this page:

What is the Interests of Justice test?
For more information

What is the Interests of Justice test?

The Interests of Justice test determines whether an applicant is entitled to a Representation Order based on the merits of the case. This is also known as the “Widgery Criteria”.

The applicant must indicate which of the following criteria they believe apply to their case:

It is likely that I will lose my liberty
I have been given a sentence that is suspended or non-custodial. If I break this, the court may be able to deal with me for the original offence
It is likely that I will lose my livelihood
It is likely that I will suffer serious damage to my reputation
A substantial question of law may be involved
I may not be able to understand the court proceedings or present my own case
I may need witnesses to be traced or interviewed on my behalf
The proceedings may involve expert cross-examination of a prosecution witness
It is in the interests of another person that I am represented
Any other reasons.

These are outlined in the Application for Legal Aid form (CDS 14).

For more information

If the applicant passes the IoJ test, they must also pass the means test to qualify for legal aid.

Guidance on the test is under Documents. Further details are in the Access to Justice Act 1999.

>back to top

Last updated: 01 November 2007