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Legal Aid Scheme: Low Incomes

Answer

In England and Wales, legal aid for defendants appearing at the magistrates’ court and Crown Court is means tested. The income thresholds are different in each court.

All defendants at the Crown Court are eligible for legal aid provided their annual disposable income is less than £37,500, although some may have to pay contributions. Convicted defendants may be required to pay contributions on their capital assets above £30k. The magistrates’ court test only considers income, with no contributions payable.

Defendants in receipt of specified welfare benefits may be ‘passported’ through the means test at both courts. This includes all defendants in receipt of Universal Credit and Guaranteed State Pension Credit who are deemed eligible for legal aid. All youth defendants under 18 years old are also passported through the means test.

There is also a hardship review mechanism in both courts for those defendants who do not pass the legal aid means assessment but face higher than usual household expenditure or higher than usual private defence costs.

The court duty solicitor scheme at the magistrates’ court may provide non-means tested legal representation to a defendant at their first hearing if they have been charged with an imprisonable offence.

The Government is currently considering the implications of the reforms being introduced by the Courts and Tribunals Bill in relation to criminal legal aid eligibility.

This Government has also taken steps to strengthen the criminal legal aid system overall, helping to maintain high-quality legal representation for low-income defendants.  In December 2025, we announced additional funding of up to £34 million a year for criminal legal aid advocates.

This is in addition to the significant uplifts to criminal legal aid solicitor fees this Government has already implemented – which will be worth around an additional £116 million per year once in steady state.

Secondary information

Type

Written question

Reference

15955

Session

2026-27

Subjects

Legal aid scheme Low incomes Standards

Link

View this Written question on www.parliament.uk