Legal Aid

What is the test for grant of legal aid in the Magistrates Court/Crown Court?

In both the Magistrates' Court and the Crown Court the primary test for legal aid is the "interests of justice" test. There is no exhaustive list, but this test will generally be passed where the person subject to criminal proceedings might lose their liberty, may suffer damage to their reputation or lose their livelihood, may need witnesses to be traced and interviewed, may not be able to understand or present their own case for any reason, or where it may be in the interests of another person.

In the Magistrates' Court there is also a means test to determine whether someone could afford to pay for their own representation. If the individual is a youth or claims a passporting benefit (such as JSA) this test will automatically be passed. Otherwise, they will need to establish their annual disposal is less than £3,398.

Please note, as a trial program certain Crown Courts are also operating a means test for legal aid.

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