The means test
From 2 October 2006, defendants who will have their cases heard in the magistrates’ courts must pass both the means test and the Interests of Justice test to be eligible for legal aid.
The means test will establish whether an applicant is financially eligible for legal aid. It considers income and expenses. Capital is not included.
Her Majesty’s Courts Service (HMCS) staff will apply both tests. They will process the applicant’s means information using an IT system similar to our online eligibility calculator.
A quick guide
These pages form a quick guide to the criminal legal aid means test:
- Automatic qualification
- Applying the simple means test
- Applying the full means test
- Complex cases
- Hardship unit
For more information
Our means test guidance under Related Documents provides more detailed information.
We supplied solicitors attending the training sessions with a pocket card on the new procedures. These will also be available with each copy of Focus on CDS 20.
The CDS Act 2006 Regulations on the Department for Constitutional Affairs website describe the financial provisions in detail.
Last updated: 30 March 2007