Legal aid and representation at court if you're charged with a crime :Cross Stitch – Government, citizens and rights

If you have been charged with a crime, legal aid may pay for a solicitor or barrister to represent you at court. There are certain conditions you need to meet to qualify for legal aid. Find out if you qualify for legal aid for representation in a criminal case.

A solicitor or barrister can help prepare your case and speak on your behalf

You may need a solicitor or barrister to represent you at a magistrates’ court or Crown Court when you’re charged with a crime. They can help prepare your defence before you go to court and speak on your behalf during a trial.

You may be able to get legal aid to pay the solicitors’ or barristers’ costs if:

• your case meets the Interests of Justice test
• you pass a ‘means test’ which looks at your financial situation

To find out if you can get legal aid to pay for this, you’ll need to give your solicitor or barrister:

• details of the type of case you are involved in
• information about your finances (like your income)

When you first visit your solicitor or barrister, you should take your charge sheet, summons or any other papers the police or court have given you.

You should also take proof of any benefits or income you get, like benefit award notification letters or a recent wage slip.

If you’re self-employed, you should take your most recent accounts (which must be from last 18 months) or full tax return.

If your case is in the Crown Court, you’ll also need to give your legal adviser evidence about your ‘capital’ assets, like property you own.

Your solicitor will check your finances (for example, your income and savings) to see if you can afford your own legal representation.

You will automatically qualify for legal aid if you either:

• get Income Support, Income-Based Jobseeker’s Allowance or Guaranteed State Pension Credit
• are under 16 years of age (or under 18 years of age and in full-time education)

When and if you need to repay legal aid depends on the type of court that dealt with your case and your financial circumstances.

If you are found guilty at magistrates’ court, you don’t need to repay the legal aid.

If you are found guilty at Crown Court, you might have to repay some or all of the legal aid if you have more than £30,000 in ‘capital’. ‘Capital’ means, for example, your income, savings, property and investments. Speak to your solicitor for further advice.