Need help obtaining legal aid?
We hold a contract with the Legal Aid Agency for the delivery of legally aided criminal defence work. To learn more about how this could help you, contact Brockbanks Solicitors or visit any of our offices in Cumbria, including those in Whitehaven and Carlisle.
Understanding legal aid
In criminal proceedings, you may be entitled to legal aid to cover the costs of your representation. We hold a contract with the Legal Aid Agency for the delivery of legally aided criminal defence work. We must make clear that legal aid is not necessarily free. Not everyone is entitled to be granted legal aid. Legal aid is subject to passing an Interests of Justice test – i.e. is the case serious enough to justify the grant of public funds towards your defence? – and a “means test”.
In the Magistrates Court, you either qualify for legal aid on means or you do not. Generally speaking, people in receipt of state benefits or on a very low annual income will qualify automatically. Brockbanks Solicitors can help you understand the other factors to consider. Simply get in touch with us to learn more.
What's the cut-off point?
If you earn over the upper threshold in the region of £23,500 per year, you will not qualify. In between and you will be subject to a full means test. Please note that not all of your household and living expenses will be allowed in determining your eligibility.
In the Crown Court, you will be entitled to legal aid unless your annual disposable household income exceeds £37,000 (approx). However, if your disposable income is less than this (or your capital exceeds £30,000) you may be required to make a contribution towards the cost of your case. Find out more about means testing on the Government website.
The two types of contribution
Income contribution
Calculated as a lump sum from disposable income and payable in full as a lump sum at the start of the case or by five equal monthly instalments during the life of the case (if you miss an instalments you may be required to pay a sixth). Payment of the income contribution caps your contribution regardless of the final costs, subject to the capital contribution. If the costs are less than the contribution you have made, you will be refunded the difference, plus interest. If you are acquitted after trial then the money paid will be refunded in full, with interest.
Capital contribution
If your capital exceeds £30,000 (including capital tied up in your home) you may be required, at the point of conviction only, to make a further contribution up to the total costs of the case or your available capital, whichever is the lesser. This contribution is administered by the Legal Aid Agency after the case has finished and if you wish to challenge it there are strict time limits that apply.Regulatory information
Frequently asked questions
What is legal aid?
Legal aid is public funding that can help cover the cost of legal representation in certain criminal cases. It exists so that people can get proper representation when they need it, regardless of their means. Brockbanks Solicitors can explain how legal aid works in plain English and check whether it could apply to your case.
Is legal aid free?
Legal aid is not always free, and not everyone qualifies for it. Depending on the case and your circumstances, you may be asked to contribute towards the cost, or you may not qualify at all. Brockbanks Solicitors will be upfront with you about what legal aid does and doesn’t cover, so you know where you stand from the start.
Do I qualify for legal aid?
Eligibility depends on the type of case and your financial circumstances, and it’s assessed through a set process rather than decided by the firm. Because every situation is different, the only reliable way to know is to have your case looked at properly. Brockbanks Solicitors can check whether you’re likely to qualify and explain what the assessment involves.
What is the "Interests of Justice" test?
For some criminal cases, qualifying for legal aid involves an Interests of Justice test, which looks at how serious the case is and what is at stake for you, such as your liberty or livelihood. Alongside this, your financial circumstances are also taken into account. Brockbanks Solicitors can help you understand how these factors apply to your particular case.
Can Brockbanks handle legally aided criminal cases?
Yes. Brockbanks Solicitors holds a contract with the Legal Aid Agency for the delivery of legally aided criminal defence work. That means, where you qualify, we can represent you under legal aid rather than you having to find another firm. Get in touch and we’ll explain how this could help with your case.
How do I find out if I can get legal aid for my case?
The simplest first step is to get in touch and let us look at your situation. You can call our Whitehaven office on 08081 965462, request a callback through our website, or book a meeting at one of our offices across Cumbria. Brockbanks Solicitors will check whether legal aid may be available and talk you through what happens next.
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