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Means testing in the magistrates court
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Who gets legal aid?
Legal Aid is granted to an applicant who has passed the Interests of Justice test and does not have the financial means to fund their own representation in a magistrates’ court.
The means test in the magistrates’ court establishes whether an applicant is financially eligible for legal aid.
It only considers income and expenses - capital is not included.
Her Majesty’s Court Service (HMCS) staff apply the test once they receive a correctly completed application form.
Explanation of the means tests
- Passported applicants are those individuals who automatically pass the means test. These applicants will still need to pass the Interests of Justice test to qualify for legal aid.
- The initial means test assesses the applicant’s income and how this is spread between any partners and children.
- A full means test
is carried out if, through the initial means test, the applicants adjusted income is calculated to be more than £12,475 and less than £22,325. It works out an applicant’s disposable income after deducting tax, maintenance and other annual costs from the gross annual income. - The complex means test is for those who have complex financial circumstances.
- Hardship Reviews can be carried out if an applicant can show they are genuinely unable to fund their own representation.
- Our eligibility calculator will give you a guide on your eligibility for legal aid.
Last updated: 02 November 2009