Criminal law department  
 

Availability of public funding
 


Will I have to pay?

Legal Aid at the Police Station
Everyone arrested and detained at a police station and every suspect attending voluntarily at a police station for interview is entitled to free and independent legal advice. This is available irrespective of means and the nature of the alleged offence.

Representation at the Magistrates Court
Anyone brought before a Magistrates Court is entitled to free legal aid (now called a Representation Order) if it is "in the interests of justice". This means that, irrespective of means, legal aid will always be granted if there is a real risk of imprisonment and may be granted in other circumstances, for example if the case is particularly complex or if it raises a particular point of law. We will normally be able to advise you at an initial interview on the availability of legal aid.

Crown Court Proceedings
Most cases dealt with at the Crown Court are more serious matters and as a result legal aid would normally be available. Again, the grant of legal aid is not subject to means testing. However, you may be required to file a statement of means with the court and at the completion of your case the court may make an order requiring you to pay all or part of your defence costs. If appropriate, this is something we would discuss with you at an early stage of your case and you would be fully advised of your potential liability for costs.

Other Cases
In other cases you may be entitled to free legal help under the Advice and Assistance Scheme. If you are not entitled to legal aid (e.g. for many motoring offences) we can provide you with a fixed fee or estimate at the outset of your case so that you will be fully aware of the costs involved.