These FAQs provide information on the processes involved for those who have been charged with, or summoned for, a criminal offence to qualify for public funding.
If you have been charged with or summoned for a criminal offence you can apply for publicly funded legal representation.
Representation covers the cost of a solicitor to prepare your defence before you go to court, and to represent you there including dealing with issues such as bail. It will also cover the cost of a barrister if your case requires this. The Representation Order remains valid after the conclusion of the case if you need advice on appealing.
Representation does not cover the cost of legal representation, should you want to bring a private prosecution.
In applying for publicly funded representation, the defendant must demonstrate that he satisfies the interests of justice test. In deciding this, the court will take into account, among other factors, whether the charge is so serious that the defendant may be imprisoned or lose his job if convicted, or suffer serious damage to his reputation.
The criteria necessary to meet the interests of justice test are available on the Legal Services Commission (LSC) website. Applicants must select what factors are relevant to their case.
Details of the legislative framework are in the Access to Justice Act 1999 Explanatory Notes.
From 2 October 2006, following the implementation of provisions within the Criminal Defence Service Act 2006, defendants who will have their cases heard in the magistrates' courts must also pass a means test to be eligible for publicly funded legal representation.
The means test establishes whether an applicant is financially eligible for legal aid. It considers income and expenses. Capital is not included.
Her Majesty's Courts Service (HMCS) staff will apply both the means test and the interest of justice test. They will process the applicant's means information using an IT system similar to the LSC's online eligibility calculator
A step by step guide to how the process works is on the LSC website.
All application forms for criminal legal aid are on the LCS website.
CDS 14 replaces Form A and contains the information required for completing the interest of justice test. CDS 15 contains the client’s financial statement.
This form must be fully completed in all cases.
Welsh speakers can also download the forms in Welsh.
All applications must be submitted to the magistrates' court.
You can select any solicitor to act for you as long as he or she is willing and has a general Criminal Contract with the LSC. In some cases the court may assign a solicitor other than the one you would like to use.
When both tests have been applied, the applicant and solicitor will be told whether they have passed or failed the interests of justice or the means test.
Where the means test is failed, a breakdown of the assessment will be sent to the client. Where the applicant believes that there has been a miscalculation or administrative error in the assessment, he may apply for a review of that decision.
Where the applicant does not satisfy the interests of justice test, the applicant may appeal to the court.
However, this does not equate to the court having the right to grant legal aid. In those cases where the court overturns the decision reached in respect of the interests of justice test, any application will still have to be referred back to the grant teams for a formal determination on financial eligibility. Only after both these criteria have been satisfied will court staff be authorised to grant a representation order.