Individuals who cannot afford to pay the expenses associated with a trial can, in some cases, benefit from legal aid. Although not all situations qualify, cases like family or housing problems can be eligible. A person who wants legal aid has to show that he/ she does not have sufficient income, benefits savings, or property (on his own or in conjunction with his/ her partner, whenever applicable). Our legal aid solicitors in London can give you information about legal aid qualification criteria and how you can apply.
| Quick Facts | |
|---|---|
| Who can solicit legal aid? |
– persons with financial difficulties, – minors with no personal funds, – victims of violence, – persons who cannot afford the costs of a solicitor |
|
Agency in charge for verifications |
Legal Aid Agency in UK |
|
Eligibility criteria for legal aid |
– financial status, – type of offence, criminal charges |
| Legal aid for forced marriage (YES/NO) | Yes |
| Legal aid for domestic abuse (YES/NO) |
Yes |
| Legal aid for family violence (YES/NO) |
Yes |
| Who can verify the eligibility criteria? |
Magistrates' Court |
| Reevaluation in case of legal aid refusal (YES/NO) |
Yes |
| Formalities to solicit legal aid |
– police declaration, – bank statements, – medical reports |
| Legal aid for emergency cases (YES/NO) | Yes |
| Representation in the court of law |
By one of our legal aid solicitors |
| Legal aid for minors in police custody (YES/NO) |
Yes |
| Legal aid in cases of human trafficking (YES/NO) |
Yes |
| Legal aid for exceptional cases |
Persons are protected by the European Convention on Human Rights |
| Legal aid in civil cases | Evidence of personal income |
| Legal aid schemes |
– criminal legal aid, – civil legal aid, – legal advice and assistance |
|
Availability of our legal aid solicitors in UK |
24/7, no need to wait for appointments. |
|
Representation in Civil Courts in UK |
We offer representation in higher courts and lower courts. |
| Criminal cases and legal aid in UK | Clients are represented in the Court of Appeal, Crown Court, Magistrate's Courts. |
| Legal aid in private prosecution |
Not available |
| Information required for requesting legal aid |
– National Insurance Number, – details about income, – letter from Social Security Agency |
| Appealing legal aid decision |
Persons who do not receive legal aid can appeal the decision with the help of our defence solicitors. |
| What is a statutory charge? |
In some cases, the costs of legal aid must be paid. Our defence solicitor in UK can tell you more about that situation. |
| Protection of children in cases of domestic abuse |
Legal aid is also granted to children who are part of a domestic violence case, alongside family members involved. |
| Legal aid for clinical negligence (YES/NO) | YES |
| Legal aid for immigration detention (YES/NO) |
YES |
| Legal aid for persons involved in home eviction cases (YES/NO) |
YES |
| Using the eligibility calculator |
Our legal aid solicitors can use it to determine if you are eligible or not for such legal support. |
| What kind of emergency cases can receive legal aid? |
Cases involving minors and domestic abuse, victims of violence, losing the home, etc. |
| Why work with our legal aid solicitors in UK? | We offer comprehensive legal advice for persons found in difficult situations. Contact us for extra details on legal aid. |
The current legal aid eligibility rules need to be understood before one can apply and our team can help you in this respect. Below we answer a few questions commonly asked about this topic. For more information please reach out to our legal aid solicitors in London.
Table of Contents
What qualifies for legal aid in UK?
Civil or non-criminal cases are eligible for legal aid in the UK. Divorce cases, family law ones, housing or debt problems can qualify.
Criminal legal aid is also available under several forms, such as advice and assistance for those in custody and for criminal proceedings and representation for criminal cases.
The Criminal Legal Aid Financial Resources Regulations 2013 set out the principles for financial eligibility for all types of criminal legal aid. Those who are in need of specialized assistance for criminal cases can reach out for advice from our legal aid solicitors in London.
What is the maximum income to qualify for legal aid UK?
The financial eligibility check is an essential step before requesting legal aid in London. This will usually be verified by our solicitor who will work with you on your case. The following steps are used to determine financial eligibility:
- The gross monthly income is £2,657 or less;
- The disposable income limit per month is £733;
- When the applicant has more than 4 children who are dependants, £222 is added to the monthly gross income for the fifth child (and/or sixth, etc., if this is the case).
Please note that each case is evaluated individually and meeting the stipulated financial criteria is mandatory. A legal aid solicitor can provide you with more information and will guide you through the eligibility check once you start working with us.
Our legal aid solicitors in London can provide more information about these contributions and the means test set forth by the Crown Court, as well as as well as the differences that may appear when a criminal case is heard in the Magistrates’ Court as opposed to the Crown Court.
In some serious cases, such as certain proceedings for domestic violence or forced marriage, the limits may be reconsidered (dis-applied) if it is decided that this is equitable. Therefore, individuals who are subject to serious cases may still be able to receive legal aid even when their income or capital is above the limits highlighted above. The legal aid solicitors in London from our team can give you more details.
How can our legal aid solicitors in London help you?
Checking if you can get legal aid is an important step and it will allow you to determine if you can apply. Speaking to a professional can also be helpful for making a final decision and for determining if you may need to pay part of the costs upfront or if you pay back some of the amount in case you receive important sums or property from your case.
Legal aid for legal representation in court is automatic for those under 16 years of age (or under 18 when in full-time education). Young persons who are on certain benefits can also be subject to this automatic legal aid.
If you cannot get legal aid, free legal advice may also be possible in the UK and it is provided by volunteers in charities.
Can I receive legal aid for domestic abuse?
Yes, if you are a victim of abuse and you need help, you can ask for free legal aid and get in touch with our team of legal aid solicitors in London. Conditions like the following are imposed in the cases of victims of abuse and violence:
- The Legal Aid Agency will ask for: financial proof, police statements, and the medical treatment required after domestic abuse.
- Victims of family violence who are about to lose their homes are entitled to ask for free legal aid.
- Women and children who are victims of abuse and family violence can solicit legal aid.
- Minors who cannot sustain their life and who were victims of abuse can be represented by a legal aid lawyer in London.
Domestic abuse is not just physical violence (see below). Depending on your personal situation, you may be eligible to receive legal aid for:
- Domestic abuse: legal aid is possible if you are looking to protect yourself and/or your children from many forms of abuse;
- Enforcing an injunction: when a decision has already been made against your partner, but he/she ignores it;
- Harassment, forced marriage, female genital mutilation, and others.
Moreover, you can also receive legal aid in the UK from our lawyer in England if you are interested in contesting an injunction that has been issued against you.
Comprehensive information about how to obtain legal aid in UK can be offered by our legal aid solicitors in London. Do not hesitate to get in touch with us if you are a victim of violence and family abuse and ask for immediate legal advice. Violent behavior, rape, bullying, sexual violence, threatening or abusive behavior are considered domestic abuse for which you can solicit legal aid.
Legal aid at the Magistrates’ Court
There are numerous cases sent to the Magistrates’ Court, and when asking for legal aid, specific testing methods are suggested to elect the persons who need such support. In the case a person who failed the initial test or did not present enough eligibility criteria, the legal representation and the costs involved must be paid. It is good to know that a refusal in the case of a legal aid request can be contested in the Magistrates’ Court, a situation where the eligibility criteria are verified once again.
It is good to know that the procedure can be retaken if the initial decision was considered wrongful in the first place. Once the reevaluation is done, there are lots of chances for an offender to receive legal aid at the Magistrates’ Court. It is important to know that legal aid cannot be granted in cases of business crimes accusations or for persons accused of personal injuries and related cases. If you would like to know more about how you can receive legal aid at the Magistrates’ Court, you may get in touch with one of our legal aid solicitors in London.
Are there any exceptional cases of legal aid in the UK?
Yes, persons who believe that a legal aid refusal would infringe the EU rights to legal representation and the rights mentioned by the European Convention on Human Rights (ECHR) are considered exceptional cases in the UK. A legal aid solicitor in London knows the applicable legislation for these special cases and can tell you more about your rights to obtain legal aid.
Legal aid for mediation cases
A mediator intervenes when the ex-couple wants to divide their properties, money, investments, savings, or when they want to establish child custody. There are cases in which the separation has been done in an abusive or violent manner or cases in which one of the partners might lose the home, and therefore, he or she cannot afford the services of a legal adviser. This is where legal aid can be solicited, and one of the lawyers in London can tell if the case needs to go in the court of law, especially if family abuse and violence have been reported.
Getting legal aid in emergency cases in the UK
An urgent representation in the court of law is a serious matter where legal aid can play a major role right from the start. In this situation, our legal aid solicitor in London can apply on your behalf to the Emergency Legal Representation, to receive immediate action. Free legal advice is offered by phone if you are in police custody. At the same time, your case will be verified to see if legal aid is approved. The process will commence if information about your income, savings, and insurance number is provided.
For family cases, birth and marriage certificates are needed. We remind you that, if during your case, the financial situation changes, the expenses will have to be considered. Want more details about how to obtain legal aid in UK? Feel free to get in touch with one of our legal aid solicitors in London and ask for in-depth support and legal advice.
Legal aid for employee fraud
Employee fraud is of interest to companies that continue to struggle against the phenomenon. Inventory thefts, expense reimbursement frauds, cheque forgery, theft of cash, commission fraud, theft of services, procurement fraud, and workers’ compensation fraud are the most common employee frauds for which serious penalties and even imprisonment are issued. Such cases are seriously treated inside a company and also by the authorities, so complete legal advice from a legal aid solicitor in London is recommended.
If the persons accused of employee fraud cannot afford legal assistance, and if the authorities conclude this situation is real, they can benefit from legal aid. One of our legal aid solicitors in London can give proper advice and explain the rights in such cases. Employee frauds are considered serious offences in UK and persons found guilty of such crimes can face years of imprisonment. On the other hand, if there is no tangible and substantial evidence, the charges can be dropped.
Other types of employment problems may be eligible for legal aid in the UK. These will largely include discrimination (being treated unfairly at work because of your race, religion or sexual orientation), but they can also refer to modern slavery. Our solicitors can give you more details.
Legal aid for murder cases
Minors involved in murder cases or suspected of manslaughter can benefit from legal aid in the UK. The most serious cases are the ones involving teenagers under 18 years of age who do not have a home, financial stability, parents or tutors by their side. Such cases are extremely complicated, and complete and immediate legal assistance is recommended, starting at the police station if minors are kept in custody. Manslaughter cases are quite complex and the legal representation of our legal aid lawyers in London will prove extremely helpful. Minors subject of State Pension Guarantee Credit, Income Support, Income-based Employment, and Support Allowance or Universal Credit are legal aid guaranteed, according to the applicable laws in the UK.
Legal aid for immigration and asylum cases
This may be available to those who have applied for permission to stay in the UK or for asylum seekers who have been refused this right. A lawyer in England can assist with matters concerning:
- Advice on appealing a decision about the right to asylum;
- Assistance when applying for asylum;
- Immigrants who are victims of domestic violence, human trafficking, or modern slavery.
In all of the cases listed above, you will need to check if you qualify financially and will fill in a financial assessment for this purpose.
Legal aid in selected clinical negligence cases
In most cases, legal aid for clinical negligence is only available to the parent(s) of a child who has suffered a brain injury during pregnancy, birth, or in the first 8 weeks of life.
Our lawyer in London can help you check if the injuries suffered by your child are eligible for legal aid. Depending on your case, you may still have to pay a contribution towards the legal aid you will be receiving. We can provide more guidance on these medically sensitive cases involving infants once you offer us more details.
Legal aid and interests of justice
When considering offering legal aid to a defendant, the Legal Aid Agency in the UK will pay attention to the merits of a criminal case. In other words, the nature of the offence will be attentively examined, alongside previous convictions revealed by the criminal record and if a custodial sentence is needed. According to the legislation, the interests of justice enter the discussion by appealing the decision not to offer legal aid in a particular criminal case. One of our legal aid solicitors in London can tell you more about such situations.
Granting the legal aid in the court of law
It is important to know that a judge in the court of law will establish whether it is the case to approve the legal aid or not. The decision in this matter is based on the entire case, the evidence presented, the circumstances, the financial status of a person asking for free legal advice, and the criminal record of an offender. The verdict of approving the legal aid for a person accused of crimes might be prolonged if he or she is subject to humanitarian protection, refugee status or anything like it. The judge in charge of approving legal aid will closely work with the entitled authorities, solicitors, and other competent specialists or agencies in the UK. The eligibility criteria are attentively measured, a situation in which legal assistance is recommended.
Can legal aid be granted during an investigation?
In most cases, the prosecutors will ask for a lawyer at the beginning of the proceedings, in order to avoid the bureaucratic process that might be complex during an investigation. Even so, many offenders kept in police custody or subject to pretrial custody might not have the support of a legal aid solicitor in London.
However, criminals are informed about the right to have legal support from the start, alongside medical aid, a translator, etc. Moreover, it is important to know that the police are not obliged to inform offenders that they have the right to legal aid. The same thing is available for the prosecutor dealing with a criminal case who can determine whether the person involved is eligible for legal aid or not, without having to reveal such an aspect. Even so, if you have been involved in a criminal case, make sure you get in touch with a legal aid solicitor in London and ask for immediate legal representation. It is best to have legal support right from the beginning of the proceedings and know your rights if you have been accused of serious or less serious crimes.
Alternatives to legal aid
Not all applicants are eligible to receive legal aid in the UK. If this is the case, our lawyer in the UK will gladly answer your questions and provide you with essential information upon request. Our packages can be tailored to suit your needs. Please feel free to talk to us to find out more about legal aid and/or payment options for your case in the UK.
Other services in London
Our team also specializes in many other areas of law, such as those concerning business and commercial matters. You can reach out to us if you have any questions about how to set up a private limited company, or perhaps how to register as a sole trader. We guide investors and can also represent them in front of the authorities during the steps needed for company formation in UK.
If you need to commence legal proceedings for civil or criminal cases and are unsure of the costs of working with a solicitor, our team can provide an estimate for your case. Contact our legal aid solicitors in London for more information on the determination of income for obtaining legal aid, and a case evaluation.
