Eligibility for Criminal Legal Aid

Representation for criminal proceedings

 

Legal Aid for representation in criminal proceedings is subject to a merits and means test. The means test is different in the Crown Court and the Magistrates’ Court.

 

Merits test

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The person determining whether the individual qualifies for legal aid must make that determination in accordance with the interests of justice.

 

Means test – Crown Court

In the Crown Court there is means testing against income. An individual is eligible for legal aid if that individual's gross annual income does not exceed £12,475, or where their gross annual income is greater than £12,475 and disposable annual income is less than £37,500. There is an upper financial eligibility threshold and so where an individual’s disposable annual income is £37,500 or greater they are not eligible for legal aid. There is a hardship procedure to guard against this operating unfairly in an individual case.

 

Contributions

If an individual’s annual disposable income is £3,398 or less they are not required to pay a contribution from their income. If it exceeds £3,398 they are required to make six monthly payments under an income contribution order of up to 90% of their monthly disposable income (subject to upper limits set on the total payable according to particular classes of case). Applicants in direct or indirect receipt of passporting benefits are not required to make a contribution from their income.

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At the conclusion of the case, an applicant who is acquitted is refunded any payments made under an income contribution order. An applicant who is convicted may in addition be required to pay an additional amount from their disposable capital towards the balance of their defence costs. While the individual’s income is considered for the purposes of the contribution order at the outset and during proceedings, an individual’s capital is only considered for this purpose at the conclusion of proceedings.

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Appeals

Appeals to the Crown Court from the Magistrates’ courts in proceedings against conviction, sentence or order qualify for representation for criminal proceedings in the Crown Court without reference to means, but they may be liable to make a contribution to the costs - either £500 or £250.  The costs is dependent on assessment of gross and disposable income; there are no capital contributions.

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Means test - In the Magistrates’ courts and certain committals to the Crown Court for sentence.

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In the Magistrate’s Court there is means testing against income.

 

For an applicant to be eligible for representation for criminal proceedings, the applicant’s gross annual income must be less than the upper threshold of £22,325.

 

Where an applicant’s adjusted gross income is more than £12,475 and less than £22,325, a more detailed assessment to determine annual disposable income is carried out. If the applicant’s annual disposable income does not exceed £3,398, the applicant will be financially eligible for representation for criminal proceedings.

 

If the applicant’s annual disposable income exceeds £3,398, the applicant will be expected to pay for their own defence in the magistrates’ courts. There is a hardship procedure to guard against this operating unfairly in an individual case.

 

An individual who is in receipt of qualifying benefits will automatically be passported and deemed eligible for legal aid. There are also certain age-related criteria which also confer automatic eligibility. Certain other benefits may be disregarded in the calculation.

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Hardship review

 

In both the Magistrates’ Courts and the Crown Court means testing schemes, a hardship review exists. If it is determined that an applicant is not eligible for criminal legal aid for representation in criminal proceedings and the applicant believes that they do not have sufficient financial resources to pay for the cost of legal assistance, the applicant may apply for a review of the decision. Applicants may also apply for a review of a decision that they must pay contributions on the grounds that the applicant is suffering, or would suffer, financial hardship as a result of making the payment. An example may be if the applicant has higher than usual essential expenditure.