Legal Aid
Do I qualify for Legal Aid?
Legal aid is administered by the Legal Aid Authority and can only be provided by firms who have demonstrated an appropriate level of expertise, and have been awarded a contract to supply criminal legal aid. Each stage of a criminal case is governed by different rules.
Police Station
Anyone arrested and detained at a police station is entitled to free independent legal advice. This advice may be on the telephone or in person.
This advice is only free if provided under a criminal legal aid contract. It is highly recommended that anyone who attends the police station to be questioned by the police seeks legal advice from an experienced criminal legal aid lawyer before answering any questions.
Magistrates Court
In order to qualify for criminal legal aid in magistrates court proceeding two tests must be satisfied.
The first test is whether or not it is in the interests of justice for legal aid to be granted.
This test is likely to be passed if there is a risk of :
- Being sent to prison
- Losing your job
- Suffering damage to your reputation
- Difficulties in following the Court process
The second test is a financial or means test.
In some circumstances this test is automatically passed if the applicant or their partner is in receipt of a qualifying benefit such as Income Support, JSA, Guaranteed State Pension Credit or they are under 18 years of age. If the test is not automatically passed, the details of the applicant’s income and expenditure must be supplied and you will qualify for legal aid:
- If your annual income is less than £12,475
- If your income is between £12,475 and £22,325 but your monthly spare income is less than £283
Crown Court
Once a case has been transferred to the Crown Court legal aid will be available, however it may be necessary to pay a monthly contribution towards your legal costs over a period of six months. The means test will determine how much you need to contribute towards your defence costs; this could be from your income, capital or a combination of both.
How Do I Apply For Legal Aid?
Either one or two application forms must be completed and signed by both you and the solicitor’s firm you wish to instruct in order to apply for legal aid.
It is essential to seek expert advice at an early stage from a solicitor specialising in criminal law. If you have been charged with an offence and wish to discuss whether you qualify for legal aid please do not hesitate to contact us.
What If I Do Not Qualify For Legal Aid?
If you do not quality for legal aid and your case is being heard in the Magistrates’ Court, you can instruct us to represent you on a private paying basis. We can offer competitive rates with an arrangement to pay in installments.
If you fund your defence privately and are found not guilty, we can apply to reclaim some or all of your defence costs from central funds – however the maximum that can be reclaimed is the same as would have been paid by legal aid.
Legal Aid for Family Law
We do not offer Legal Aid for Family Law matters.
Private Fees
If you are not entitled to Legal Aid we are happy to provide you with a quote for our private fees.
We charge on a fixed fee basis which ensures that we are able to give you value for money. You are able to pay your fees in installments to help with budgeting.
If you are found not guilty then we can help you apply to Central Funds for a part refund. The exact amount is set by the court.
Pro Bono
We are dedicated to giving back to our community. We believe everyone deserves access to quality legal representation, regardless of their circumstances. That’s why our experienced staff volunteer their time and expertise to provide pro bono legal services to those in need, in cases where we have the expertise and where we believe we can help.