Guidance

How does legal aid work?

Understand what legal aid can cover and when contributions or repayment may apply.

From:
Criminal Justice Hub
Published
Last updated
Applies to
England and Wales
All sections on this page

Legal aid is public funding that may help pay for legal advice or representation. It may also cover some approved case expenses, such as expert evidence or court related costs, where the relevant rules allow.

Legal aid does not automatically cover every legal problem or every cost. The available funding depends on the type of case and the legal aid scheme.

For scheme eligibility, read who can apply for legal aid. For the application process, read how to apply.

If police question you at a police station, you have the right to free legal advice. You can ask for a solicitor of your choice or the independent duty solicitor on call.

This is different from criminal legal aid for representation in court. You do not need to complete a normal legal aid application before receiving police station advice.

Read GOV.UK: legal advice at the police station.

Criminal legal aid in court is different from free police station advice. In magistrates’ court cases, eligibility may depend on both the interests of justice and means tests.

In Crown Court cases, an eligible person may have to make an income contribution, a capital contribution, or both. The amount depends on the individual means assessment and the case.

As at 14/09/2026, the published Crown Court rules state that a person with disposable income above the lower threshold may have to contribute 90% of their disposable income for up to six months. A person found not guilty in a Crown Court trial normally receives their contributions back with 2% interest.

The published thresholds and contribution rules can change. Ask a criminal defence solicitor to assess your current position rather than relying only on figures in a guide.

In some Crown Court cases or appeals, a person may have to contribute towards defence costs. The amount, if any, depends on the case, their means and the outcome. Ask the solicitor to explain any contribution or recovery risk before the case progresses.

Civil legal aid is not always free. Depending on the type of funding and your financial circumstances, you may have to make contributions from income or capital.

If you recover or preserve money or property through a civil case, the statutory charge may require the Legal Aid Agency to recover legal aid costs from that money or property.

A later change in your financial circumstances can also lead to a further assessment or contribution. Do not assume that losing a case means there will be no financial consequences. Ask the provider to explain contributions, the statutory charge and any risk of paying another party’s costs.

Read GOV.UK: civil legal aid means testing and the Legal Aid Agency Statutory Charge Manual.

Yes. Funding arrangements may change as a case develops.

If your finances, evidence, legal issues, case value, urgency or support needs change, the provider may need to ask for the funding to be reviewed or amended. In some circumstances, funding may be amended, withdrawn or revoked.

Tell your provider promptly if your income, savings, property, benefits, household circumstances or other important information changes. Giving incorrect or incomplete information can affect the funding decision and may create a repayment risk.

Ask the provider immediately whether you can request a review or an appeal, and what deadline applies. The answer depends on the legal aid scheme and the reason for the decision.

For example:

  • criminal interests of justice and means decisions have different review or appeal routes;

  • a civil merits refusal or cancellation normally has a 14 day appeal deadline from the date of the decision letter; and

  • civil means decisions generally have a right to review rather than a further appeal.

Do not ignore a decision letter. If your finances, evidence or circumstances change, ask whether a review, amendment or new application is possible.

Read GOV.UK: criminal legal aid eligibility and GOV.UK: civil merits appeals.

Ask the provider:

  • Which legal aid scheme applies to my case?

  • Is the case within scope and do I meet the relevant tests?

  • Will I have to make an income or capital contribution?

  • Could the statutory charge apply if I recover money or property?

  • Could I be liable for any other costs?

  • What should I tell you if my finances or circumstances change?

  • Is there a deadline to request a review or appeal?

If you are charged or have a criminal court case, a criminal defence solicitor can check whether you qualify for legal aid.

Criminal legal aid for court representation usually depends on:

  • the interests of justice test, which considers whether it is in the interests of justice for you to have legal representation; and

  • the means test, which considers your financial circumstances.

The interests of justice test can take account of factors such as the seriousness of the allegation, the possible sentence, risk to your liberty, reputation or livelihood, case complexity, and whether you can understand or present the case yourself.

A Crown Court trial automatically satisfies the interests of justice test, but financial rules can still apply.

Read GOV.UK: criminal legal-aid eligibility and GOV.UK: criminal legal-aid means testing.

Civil legal aid may be available for some non criminal legal problems. It is not available for every civil dispute.

A civil legal aid provider usually considers three questions:

  • Scope: Is this type of legal problem covered by civil legal aid?

  • Merits: Is there a sufficient legal case, and is funding justified?

  • Means: Do you meet the financial eligibility rules?

Civil legal aid may be available in some cases involving family safety, domestic abuse, care proceedings, housing, homelessness, asylum, immigration, mental health tribunals, discrimination, public law challenges or human rights issues. These are examples only, not guarantees of funding.

Use the GOV.UK civil legal aid checker or speak to a civil legal aid provider.

Exceptional case funding

Some civil cases are outside the normal legal aid scheme. Exceptional case funding, often called ECF, may be available where refusing legal aid would breach, or risk breaching, a person’s human rights or retained EU rights.

ECF is not automatic. It has a separate application process and the applicant must also meet the relevant financial and merits requirements.

Read GOV.UK: exceptional case funding and GOV.UK: apply for exceptional case funding.

Help with communication, disability or language needs

Tell the provider if you need an interpreter, British Sign Language support, an accessible format, help with forms or a reasonable adjustment because of disability, mental health, learning disability, autism, brain injury or another communication need.

The provider should explain the process in a way you can understand and discuss what support can be arranged.

Police station advice

If police are questioning you at a police station, ask for your own solicitor or the duty solicitor. The advice is free.

Criminal court case

If you are charged or have a criminal court date, contact a criminal defence solicitor. You can also ask for the court duty solicitor if you do not have a solicitor.

Use the GOV.UK civil legal aid checker, search the GOV.UK legal aid provider directory, or contact a civil legal aid provider.

Tell the provider immediately about any court hearing, police interview, risk of homelessness, domestic abuse, detention or other urgent risk.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. Legal aid eligibility, contributions and repayment risks depend on current rules and individual circumstances. Ask a legal aid provider for advice before making decisions about a case, settlement, plea or costs.

About this information

Last updated:

Updates to this page

  1. This guide now separates police station, criminal court, civil and exceptional case legal aid. It also explains that legal aid may involve contributions or repayment risks, depending on the scheme and the case.