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Overview

The rules about who qualifies for legal aid are set out in

For procedures in checking eligibility for criminal legal aid, read

The sets out who qualifies for legal aid.

To determine whether someone qualifies for criminal legal aid you need to consider:

• merits 鈥� the interests of justice test (IoJ)
• means 鈥� financial eligibility of your client

Merits: interests of justice

IoJ considers the merits of the case 鈥� for example, a person鈥檚 previous convictions, the nature of the offence and the risk of custody 鈥� to determine if an applicant qualifies for legal aid. The more serious the charge or possible consequences for your client, the more likely that their case will qualify for legal aid (Crown Court trials are deemed to automatically satisfy this test).

Widgery criteria

The interests of justice test determines whether a client is entitled to legal aid based on merits. As part of the test you must consider the 鈥榃idgery critera鈥� and decide which of the following applies to your client鈥檚 case:

• it鈥檚 likely I鈥檒l lose my liberty
• I鈥檝e been given a sentence that鈥檚 suspended or non-custodial: if I break this, the court may be able to deal with me for the original offence
• it鈥檚 likely that I鈥檒l lose my livelihood
• it鈥檚 likely that I鈥檒l suffer serious damage to my reputation
• a substantial question of law may be involved
• I may not be able to understand the court proceedings or present my own case
• I may need witnesses to be traced or interviewed on my behalf
• the proceedings may involve expert cross-examination of a prosecution witness
• it鈥檚 in the interests of another person that I鈥檓 represented
• any other reasons

Find out how the Legal Aid Agency makes a determination on an application for criminal legal aid in the

Make an appeal

Your client鈥檚 case may not meet the IoJ test.

You or your client can make an appeal if you feel the decision is incorrect.

Applications to appeal grant of legal aid refused on interests of justice criteria, including any new information you would like considered, should be emailed to iojappeals@justice.gov.uk and we will consider the appeal administratively within 2 working days.

For Appeal to Crown Court cases, the LAA will put the IoJ appeal before the court to review, and then notify you of the court鈥檚 decision

For other cases, the LAA will make an administrative decision and notify you. If you are still not satisfied with the decision you can ask LAA to put before the court to review.

Means

Your client must be financially eligible to qualify for legal aid as set out in

Means testing considers your client鈥檚 financial position based on:

• household income
• outgoings
• capital and equity

Read further guidance and use the criminal legal aid eligibility calculator.

Crown Court trial

The means test also determines if your client will be liable for any defence costs if they鈥檙e appearing in a Crown Court.

If your client has an annual household disposable income of 拢37,500 or more they will not be eligible for legal aid in a Crown Court trial. If their disposable income is above 拢3,398 but less than 拢37,500, they鈥檒l have to make an income contribution towards their costs. If your client has above 拢30,000 in capital and equity and is convicted they may have to contribute towards any remaining balance against their final defence costs.

Further criminal legal aid regulations and orders

Make an application

Read detailed guidance on how to apply for criminal legal aid or go straight to the .

Tables of delegated authorities

Civil legal aid

Legal aid is also available for the representation of civil matters (covering disputes with another person, company or organisation).