Guidance

Who can apply for legal aid?

Check which legal aid eligibility route applies to your situation.

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. The rules depend on the type of legal problem.

There are four main routes to understand:

  • Police station legal advice: free advice if police question you at a police station.

  • Criminal legal aid for court: help with a criminal case after charge or at court.

  • Civil legal aid: help with some non criminal problems, such as certain family, housing, immigration, public law or discrimination matters.

  • Exceptional case funding: possible funding for some cases outside the normal civil legal aid scheme where refusal of funding would risk a breach of human rights or retained EU rights.

Do not assume that legal aid is unavailable just because you are unsure which scheme applies. Contact a legal aid provider promptly.

If police question you at a police station, you have the right to free legal advice.

You can ask police to contact a solicitor of your choice. If you do not have one, you can ask for the independent duty solicitor on call. The duty solicitor does not work for the police.

You can ask to speak to a solicitor privately before deciding whether to answer police questions. You can change your mind later if you first decide not to ask for legal advice.

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

Tell the provider immediately if your case is urgent. This may include:

  • an urgent court hearing;

  • immediate risk of homelessness;

  • domestic abuse or risk of harm;

  • a child being removed from your care or care proceedings;

  • immigration detention or removal;

  • police custody, bail or a criminal court date; or

  • another situation where delay could cause serious harm.

A provider can advise which application route applies and whether urgent action is possible. Do not wait to gather every document before seeking help.

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

Criminal legal aid for court representation usually involves two questions:

  • Interests of justice: Is it in the interests of justice for you to have legal representation? This can depend on the seriousness of the allegation, the possible sentence, risk to your reputation or livelihood, whether you may lose your liberty, the complexity of the case, and whether you can understand or present the case yourself.

  • Means: Do you meet the financial eligibility rules? Your income, savings, property and household circumstances may be relevant.

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

If you are under 18, facing criminal proceedings or need support to understand the process, tell a criminal defence solicitor immediately. They can check the current legal aid position and arrange representation where available.

Read GOV.UK: criminal legal-aid eligibility and GOV.UK: legal aid after arrest or charge.

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 will normally consider three questions:

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

  • Merits: Is there a sufficient legal case, and is it reasonable to provide funding?

  • Means: Do you meet the financial eligibility rules?

Civil legal aid may be available in some cases involving, for example:

  • domestic abuse and family safety;

  • care proceedings or child protection;

  • homelessness or serious housing problems;

  • asylum or certain immigration matters;

  • mental health tribunal cases;

  • actions against a public authority, including some human rights or public law challenges; and

  • discrimination, where the case meets the relevant rules.

These are examples only. A listed topic does not guarantee funding, and a topic not listed here may still be covered by an exception or another route.

Use the GOV.UK civil legal aid checker or ask a legal aid provider to assess your circumstances. More detail is available in GOV.UK: civil legal aid eligibility.

Exceptional case funding

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

Exceptional case funding is not automatic. The application must still meet the relevant financial and merits rules. A legal aid provider can advise whether an application may be appropriate and help with the process.

Urgent exceptional case funding applications can be prioritised. Read GOV.UK: apply for exceptional case funding.

Civil legal aid may be available in some family, housing, immigration or other cases involving domestic abuse. The rules depend on the type of case and the person’s circumstances.

You do not need to have every document before contacting a legal aid provider or Civil Legal Advice. A provider can explain whether evidence is needed for your case, what type of evidence may be accepted and how it can be obtained.

If you or someone else is in immediate danger, call 999.

Read GOV.UK: legal aid for domestic abuse.

What financial information might I need to provide?

The information needed depends on the legal aid scheme and your circumstances.

You may be asked for information about:

  • income and benefits;

  • savings and investments;

  • property you own or live in;

  • debts and regular outgoings; and

  • a partner’s finances, where relevant.

Some types of case have different financial rules. Do not assume that you cannot get legal aid because you work, own property, have savings or are unsure about a partner’s finances. Ask a legal aid provider to check the position.

For civil cases, see GOV.UK: financial eligibility. For criminal cases, see GOV.UK: criminal legal aid means testing.

Take what you have. A provider can tell you what else is needed.

Useful documents may include:

  • court papers, police paperwork, bail notices or charge sheets;

  • letters, emails, messages or decisions from public bodies;

  • documents showing income, benefits, savings, property or debts;

  • evidence about housing, children, health, disability or safety concerns; and

  • details of any deadline, hearing or urgent risk.

You do not need to have every document before asking for help.

For the application process, read how to apply for legal aid.

Help with communication, disability or language needs

Tell the legal aid provider if you need:

  • an interpreter or British Sign Language support;

  • information in an accessible format;

  • help reading or completing forms;

  • a reasonable adjustment because of disability;

  • support because of mental health, learning disability, autism, brain injury or another communication need; or

  • extra time because you are in custody, hospital or a secure setting.

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

How do I get help?

If police are questioning you at a police station

Ask for a solicitor or the duty solicitor immediately. Police station legal advice is free.

If you have been charged or have a criminal court case

Contact a criminal defence solicitor. You can ask for the court duty solicitor if you do not have a solicitor. The solicitor can assess criminal legal aid eligibility.

Use the GOV.UK civil legal aid checker or contact a civil legal aid provider. Explain any urgent hearing, risk of harm or deadline at the first contact.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. Legal aid eligibility depends on the current rules and your individual circumstances. Seek help promptly if you have a court date, police interview, risk of homelessness, domestic abuse concern, detention issue or another urgent legal problem.

About this information

Last updated:

Updates to this page

  1. This guide now separates police station advice, criminal court legal aid, civil legal aid and exceptional case funding. It explains that each scheme has different eligibility rules.