Legal Aid eligibility for criminal cases — am I covered?

Many people assume Legal Aid is for the unemployed. It isn't. Most defendants on modest or even average incomes still qualify in the Magistrates' Court — and in the Crown Court the rules are different again.

Two stages of eligibility

You need to pass both the interests-of-justice test and the means test.

The interests-of-justice test

You will normally pass this if:

• You face a risk of losing your liberty
• You may lose your livelihood (e.g. a professional disciplinary risk)
• You may suffer serious damage to your reputation
• A substantial question of law is involved
• You cannot understand the proceedings or state your case
• Witnesses need to be traced or interviewed
• The proceedings involve expert cross-examination
• It is in someone else's interests for you to be represented (e.g. a child witness)

Most contested cases meet this test.

The means test (Magistrates' Court)

The 2026 thresholds (subject to change — check current figures):

• Adjusted income under £12,475: automatic eligibility
• Adjusted income over £22,325: ineligible
• Between the two: assessed via the full means test

Adjusted income takes account of partner's income, dependants, housing costs and tax.

Crown Court means test

Different rules apply in the Crown Court. Most people qualify with a contribution — you may have to contribute from income during the case and from capital if convicted. If acquitted, contributions are normally refunded.

Police station representation

Police station legal advice is free for everyone, regardless of means. The means test does not apply.

What if I don't qualify?

You have three options:

1. Pay privately — Lucy offers competitive fixed fees on most motoring matters and clear hourly rates otherwise.
2. Stage-payment plans — agreed up front based on your circumstances.
3. Apply for hardship review — if your circumstances change during the case, you can re-apply.

What to bring to your first appointment

• Last 3 months' payslips (or self-employment accounts)
• Partner's income details
• Recent benefits letters
• Childcare and housing costs
• Bank statements (last month)

We can usually tell you in 10 minutes whether you qualify.