- Free Legal Advice: Everyone is entitled to free legal advice at the police station, regardless of their financial situation. This is a fundamental right and ensures that individuals have access to legal representation during police questioning.
- Means Test: Legal aid eligibility is determined by a means test, which considers household income, outgoings, capital, and equity.
- Income of £12,475 or less: Eligible for legal aid.
- Income between £12,475 and £22,325: Requires full means testing but remains eligible.
- Income of £22,325 or more: Not eligible for legal aid.
- Passporting: Automatic eligibility for those under 18 or receiving certain benefits like Income Support, Jobseeker’s Allowance, Universal Credit, etc.
- Interests of Justice Test: Considers the merits of the case, such as the nature of the offence, likely sentence, and risk of custody. Factors include potential loss of liberty, livelihood, or reputation, and the complexity of the case.
- Means Test: Similar to the Magistrates’ Court but with different thresholds.
- Annual household disposable income of £37,500 or more: Not eligible for legal aid.
- Income above £3,398 but less than £37,500: May need to contribute towards costs.
- Capital and equity above £30,000: May need to contribute if convicted.
- Contributions: Defendants may have to contribute to their defence costs based on income (eg salary) and capital (eg equity in a house). Acquitted defendants are reimbursed with interest any payments made to the Legal Aid Agency.
- The rules for legal aid eligibility are set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) and the Criminal Legal Aid (General) Regulations 2013.
- If legal aid is refused based on means, a hardship application can be made using form CRM16. This is applicable when financial circumstances change significantly, such as loss of employment.
- At Driscoll Young, we handle both Legal Aid and privately funded work.
- We offer clients fixed fee arrangements for clarity, but per hour invoicing is also available.
- Some household insurance policies may cover criminal proceedings, so it is advisable to check at a very early stage.
- It is important to note that there can be no recovery of defence costs in the Crown Court upon acquittal unless there was an unsuccessful legal aid application. Therefore, it may be beneficial to apply for legal aid even if it is anticipated that the client will be refused based on financial means.
