Criminal Legal Aid

Theodorous holds a Legal Aid Agency criminal contract. We can advise on publicly funded representation where the rules permit it, alongside our substantial private criminal defence practice.

Indicative only

Legal Aid eligibility calculator

A rough guide based on gross income alone. The real test also looks at outgoings, dependants and capital — this does not replace a proper assessment.

Which stage applies?

Police station only Magistrates' Court Crown Court

Roughly, gross annual income?

Under £12,475 £12,475 to £22,325 Over £22,325

Roughly, gross annual income?

Under £12,475 £12,475 to £37,500 Over £37,500

Get a proper assessment

Legal Aid at the police station

Legal advice at the police station is generally available free of charge to a person who is arrested or attending a voluntary interview under caution. That right is not dependent on income. The solicitor is independent of the police and acts only in the client's interests.

Early advice can be decisive. The police interview may shape the entire case, so the legal strategy should begin before questions are answered rather than after an investigation has already developed.

Magistrates' Court and Crown Court funding

Funding after charge is subject to the applicable criminal Legal Aid rules. Depending on the case, this may involve interests-of-justice and means tests. Where Legal Aid is available, we explain the application process and what information is required.

Where public funding is unavailable, unsuitable or a client prefers a privately funded service, we can discuss private representation and agree the scope of work in advance.

Private work and Legal Aid are different services

Theodorous undertakes a significant amount of privately funded criminal work, including urgent investigations, pre-charge representations, serious crime, fraud, POCA and reputation-sensitive cases. Holding a Legal Aid contract does not mean every matter is conducted under public funding. The appropriate funding route depends on the case, eligibility and the client's objectives.

When to contact us

Contact the firm as soon as you know that the police want to speak to you, if you have been arrested, if you are due to answer bail, or if you have received a postal requisition or charge. Earlier involvement usually creates more options.

Funding rules

How criminal Legal Aid eligibility works

Criminal legal aid is governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the supporting criminal legal aid regulations. Eligibility for court representation can involve both the interests of justice test and a means test. The rules differ according to the court and type of proceedings.

For Magistrates’ Court representation, the interests-of-justice test considers matters such as the risk of custody, loss of livelihood, serious damage to reputation, substantial questions of law, difficulty understanding proceedings and the need to trace or cross-examine witnesses. Financial eligibility is then assessed under the applicable means rules.

Crown Court trial cases automatically satisfy the interests-of-justice requirement, but financial assessment still matters and some defendants may have to make income contributions. If acquitted, contributions are generally repaid with interest under the applicable scheme. Police-station advice and assistance is a distinct scheme and is generally available free of charge regardless of means.

Key sources: LASPO 2012; Criminal Legal Aid (General) Regulations 2013; Legal Aid Agency means-testing and Interests of Justice guidance. Eligibility is assessed on the current rules and individual circumstances.

Frequently asked questions

Is a solicitor at the police station free?
Yes, police-station legal advice is generally free and independent of the police. Asking for a solicitor does not imply guilt.

Does Universal Credit automatically qualify me?
Universal Credit is a passporting benefit for the criminal legal aid means test, but the interests-of-justice requirement must still be met where it applies.

Can I get Legal Aid in the Magistrates’ Court?
Potentially. The application normally has to satisfy both the interests-of-justice and financial eligibility rules. The seriousness and complexity of the case can be important.

Do I have to pay towards Crown Court Legal Aid?
Some defendants are required to make income contributions after means assessment. The exact position depends on disposable income and the current regulations.

What if I fail the means test but cannot realistically afford the case?
A hardship or eligibility review may be available in appropriate circumstances, including where likely defence costs or expenditure not fully captured by the standard assessment creates genuine difficulty.

Can I choose my own Legal Aid solicitor?
Subject to the scheme and provider availability, a defendant can usually nominate an authorised criminal legal aid provider. Transfer after a representation order has been granted is subject to separate rules.

Can I instruct Theodorous privately if I am not eligible?
Yes. Private criminal defence can be funded by an agreed fixed fee, staged fee or hourly arrangement depending on the case.

CONFIDENTIAL ADVICE

Need criminal defence advice?

Tell us what stage the case is at. We will explain the funding options and the immediate next steps.

Speak to Theodorous

Frequently asked questions

Criminal Legal Aid FAQs

Is police-station advice free?

Police-station legal advice and representation is generally free under the criminal Legal Aid scheme, regardless of income. This includes many voluntary interviews under caution as well as attendance following arrest.

Is Legal Aid automatic for court cases?

No. Court representation is subject to the applicable Legal Aid rules. Depending on the court and case, eligibility may involve an interests-of-justice test, financial assessment or both.

Can I have to pay a contribution?

Potentially. In some Crown Court cases, a defendant who qualifies for Legal Aid may still be required to make income or capital contributions under the scheme. The position depends on the financial assessment and outcome.

Can Theodorous act privately instead?

Yes. Some clients prefer private funding for reasons such as scope, speed, continuity or work outside the Legal Aid scheme. We explain the available funding route and likely costs before substantive private work begins.

Does Theodorous hold a criminal Legal Aid contract?

Yes. Theodorous undertakes criminal defence work under a Legal Aid Agency crime contract as well as substantial private criminal work.