Legal Aid Criminal Solicitors: Can You Get Legal Aid for Your Case?
If you are arrested or are appearing in court, one of the first things you will probably ask yourself is whether you can get legal aid for your criminal case.
Fortunately, legal aid is still available for many criminal cases in England and Wales. However, whether you are eligible for legal aid for criminal cases will depend upon things such as what level of assistance you need and what your financial circumstances are.
If you’re unsure about the rules surrounding legal aid, in this article our expert criminal defence solicitors at JFH Crime investigate the different situations you could find yourself in and whether you would be entitled to funded legal representation.
Legal Aid for Criminal Cases Explained
Legal aid funding in criminal law cases provides access to justice for those who cannot afford to pay for private legal representation.
It is administered by the Legal Aid Agency and covers a range of criminal defence services, from police station representation through to Crown Court trials.
Whether you are accused of a crime, charged with an offence, or simply under investigation, understanding your eligibility is the first step.
At the Police Station
If you are arrested or are being interviewed under caution, all legal advice and assistance at the police station can be funded by legal aid regardless of your income.
This is an absolute right, you are entitled to free legal advice from a solicitor or lawyer at the police station, and this cannot be means tested or refused on financial grounds.
This police station representation is provided either by a duty solicitor or by a criminal defence solicitor of your choice.
Other investigations
Many other agencies, such as the Department for Work and Pensions (DWP), interview people before starting court proceedings.
In many cases legal aid is available, depending upon your financial circumstances. If you are not financially eligible then you can pay privately to be represented.
At the Magistrates’ Court
Representation in the Magistrates’ Court is now subject to two tests:
- The ‘merits test’ considers the seriousness of your case and whether it is in the ‘interests of justice’ for you to be legally represented. This can include the nature of the offence, whether you have previous convictions and whether there is a risk of custody (prison); and
- The ‘means test’ considers your financial circumstances and those of your partner. You will need to provide details of your income and your outgoings. Allowances are made for any children you have, childcare fees, your rent or mortgage, council tax and so on.
If your case passes the ‘merits test’ above, you will automatically qualify for legal aid if:
- You are under 18; or
- Your total adjusted income (yours plus your partner’s income, less certain allowances) is £12,475 per year before tax or less; or
- You receive specific state benefits, including Income Support, income-based Job Seeker’s Allowance (JSA), Universal Credit, Guaranteed State Pension Credit, or income-related Employment and Support Allowance (ESA)
If your adjusted income is less than £22,325 each year you may also be eligible. However, a full financial test will be carried out to consider household outgoings.
If your adjusted income is above £22,325 each year, then you will not usually be eligible for legal aid in the Magistrates’ Court. However, in some circumstances, you can make a ‘hardship’ application. This can take into account some other expenditure and the potential costs of paying privately.
If you are not eligible for legal aid, you may want to take advantage of our competitive private rates at JFH Crime
For many Magistrate Court cases we can offer fixed fees, giving you certainty about the costs involved, so if you’d like to learn more about our rates or discuss privately funding your case, contact our team here.
Finally, it’s also important to note that if you are successful at trial and are found not guilty, you can apply for at least some of your costs to be paid from central funds.
At the Crown Court
Representation in the Crown Court is now also subject to the ‘merits’ and ‘means’ tests discussed above. However, if your case is going to be heard in the Crown Court, then you automatically pass the ‘merits’ test.
In the Crown Court, if you exceed the lower financial eligibility threshold you can still receive legal aid funding. However, you will be asked to pay contributions towards this funding, with the amount depending upon your disposable income and the charges you face. Crown Court legal aid cases operate under the graduated fee scheme, which governs how criminal defence lawyers and solicitors are paid by the Legal Aid Agency for their work.
You will be required to provide evidence of your income to the Legal Aid Agency, who will decide what level of contribution you will make. If you are found not guilty, your contributions will be refunded to you.
It’s important to note that if you have over £37,500 adjusted or ‘disposable’ income, you will not be eligible for legal aid.
Alternatively, many clients feel that when facing one of the most serious challenges of their life, they would prefer to privately fund their case to ensure the highest possible level of service available. Contact us or call us on 020 7388 1658 to discuss your eligibility or private funding arrangements.
Court of Appeal
If you are appealing against your conviction or sentence from the Crown Court, your Crown Court legal aid will cover the initial stages of the process. It covers the preparation of the grounds and advice on appeal.
If you are given permission to appeal, your legal aid will be extended to cover your advocate’s appearance at Court.
Extradition
Legal aid in extradition cases in the Magistrates Court is also subject to the ‘means’ test. If you have an extradition case, you automatically pass the ‘merits’ test.
However, for an appeal to the High Court, there is no means or merits test. Everyone is eligible for legal aid, whatever your circumstances. You can read more about legal aid in extradition cases here.
How to Apply for Legal Aid
You do not apply for legal aid yourself in criminal cases, your solicitor handles the application on your behalf. At the police station, the duty solicitor or your chosen criminal defence lawyer will arrange this automatically.
For Magistrates’ and Crown Court cases, your solicitor will submit the application to the Legal Aid Agency, including any required financial evidence.
This means that finding the right legal aid firm early is important, the sooner you instruct a solicitor, the sooner the application can be made.
Talk to Our Legal Aid Criminal Defence Solicitors
Whether you would like to speak to one of our solicitors to discuss our rates or if you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch.
At JFH Crime, our expert criminal defence solicitors and lawyers will work with you to achieve the best possible outcome for your case. We are a specialist criminal law firm with extensive experience across all stages of the criminal justice system, from police station advice through to Crown Court trials and appeals.
If you’d like to learn more about how we can help, call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk.
Frequently Asked Questions
Can I choose my own solicitor if I get legal aid?
Yes. You have the right to instruct a criminal defence solicitor of your choice, provided they are contracted to carry out legal aid work. You are not required to use the duty solicitor, although duty solicitors are available if you need immediate representation and have not yet instructed anyone.
What happens if I am refused legal aid?
If your application for legal aid is refused, you have a few options. You can pay privately for legal representation, which many clients choose to do when facing serious charges.
You can also make a hardship application if you believe your outgoings have not been fully taken into account. If you are acquitted at the end of your case, you may be able to apply to recover some of your privately paid costs from central funds.
Are there any criminal cases where legal aid is not available?
Legal aid is available for the vast majority of criminal cases. However, certain minor offences, such as some road traffic matters, may not qualify. The merits test exists partly to filter out cases where legal representation is not considered necessary in the interests of justice. If you are unsure whether your case qualifies, the best course of action is to speak to a legal aid solicitor as early as possible.
Will I have to pay legal aid back if I am found guilty?
Potentially, yes. If you are found guilty and have capital assets, such as savings, property equity, or investments of £30,000 or more, you may be required to contribute towards your defence costs from those assets.
In Crown Court cases, you may also have been required to make income contributions during the proceedings. If you are found not guilty, any contributions you have made will be refunded to you with interest.
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.
