Legal aid for an appeal against conviction :Cross Stitch – Government, citizens and rights

If you want to appeal against a conviction or sentence for a crime, you may be able to get legal aid to help with the costs. You’ll need to check if you stand a reasonable chance of winning an appeal first. Find out when you might qualify for legal aid to help with your appeal.

Applying for legal aid for an appeal is similar to the process for the original magistrates’ court hearing.

Your solicitor or barrister will need to apply for legal aid for representation for an appeal.

To get legal aid for an appeal, your case will need to pass the Interests of Justice test. You can find out more about the Interests of Justice test using the link below.

Your finances will also be looked at – this is called the ‘means test’.

You must let your solicitor or barrister know if your financial circumstances have changed since you made your original application for your trial.

Your solicitor or barrister will handle your legal aid application for you. The court will tell your barrister or solicitor if your case passes the Interests of Justice and means tests.

Depending on the results of the means test, you may have to contribute to the costs of your appeal. Your solicitor or barrister will let you know how much you might have to pay.

You may also need to make additional payments. This depends on what happens at your appeal and could include:

• if your conviction is ‘abandoned’ (you give up) or dismissed by the court, you will have to contribute £500
• if your conviction is dismissed but your sentence is reduced, you will have to contribute £250
• if your sentence (but not the conviction) is abandoned or dismissed, you will have to contribute £250

Some solicitors work for free – this is called ‘pro bono’

If you don’t pass either the Interests of Justice or means tests, you will have to pay your legal bills yourself. Or you can see if a legal adviser would be prepared to do the work for free. This is known as ‘pro bono’, which means ‘for the public good’.

If you want to find a legal adviser who does pro bono work, you’ll need to speak to an agency like Citizens Advice or LawWorks.

How you apply for legal aid to appeal against a Crown Court decision depends on:

• if you paid for your defence yourself or got support from legal aid
• if a Notice of Appeal (a request to appeal) has been made to the court

For more advice on if you should appeal and how legal aid works, speak to your solicitor.