Do I Qualify for
Criminal Legal Aid?
Legal fees can bankrupt a family. But many people are eligible for state-funded defence without realising it.
The Two Tests
To get Legal Aid in a criminal case, you must pass two tests:
- The Interests of Justice Test (Merits): Is the case serious enough?
- The Means Test (Income): Are you poor enough?
1. Interests of Justice (IoJ)
The court will grant legal aid if:
- You are likely to go to prison if convicted.
- You are likely to lose your job.
- You cannot understand the proceedings (e.g. mental health, language barrier).
- The case involves complex points of law.
Note: Almost all Crown Court cases pass this test automatically.
2. The Means Test
This calculates your disposable income.
- Under 18? You automatically pass.
- On Benefits? (Universal Credit, JSA, ESA) You usually pass.
- Income < £12,475? You usually pass.
- Income > £22,325? You will likely have to pay privately in Magistrates Court, or pay a contribution in Crown Court.
Check Your Eligibility
Use our 30-second calculator to see if you pass the Means Test.
Launch Calculator →Duty Solicitors (Police Station)
IMPORTANT: Everyone is entitled to free legal advice at the Police Station, regardless of income. This is called the "Duty Solicitor".
Never stick with the Duty Solicitor just because they are free at the station. For court, you can choose your own Legal Aid solicitor.