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Criminal Defence | England & Wales

Can I get my legal costs back if I am acquitted?

How a defendant's costs order works, why it usually repays only part of private fees, and the Crown Court rule about applying for Legal Aid first.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Often, but usually only in part. If you are acquitted or the case is dropped, the court can make a defendant's costs order paying your costs from public funds. For individuals, legal costs are generally capped at Legal Aid rates, which are far below private rates, so most privately paying clients recover only a fraction of their fees. In the Crown Court there is a further condition: you will normally recover legal costs only if you applied for Legal Aid and were found financially ineligible. Apply for Legal Aid at the start even if you expect to be refused.

Legal issues

The power

Prosecution of Offences Act 1985, section 16: the court may order payment from central funds where a defendant is acquitted, the charge is dismissed or the case is discontinued. Section 16A limits the legal costs that can be recovered.

Legal Aid rates cap

Since October 2012, an individual's legal costs are generally recoverable only at Legal Aid rates. Travel, expert and other expenses are assessed separately.

When an order can be refused

The court can decline or reduce an order if your own conduct brought suspicion on yourself and misled the prosecution into thinking the case was stronger than it was.

Evidence that matters

Keep your client care letter, invoices and records of work. Costs are assessed after the case, and the paperwork must show what was done and why.

Reasonable lines of enquiry

At the start of a private case

  • Apply for Legal Aid if the case may go to the Crown Court, to preserve the costs position.
  • Ask your solicitor for a written estimate of the likely shortfall.

What happens next

The application is made to the court at the end of the case. Costs are then assessed by the court's determining officer, and payment follows. The process can take months.

Immediate steps

  • Apply for Legal Aid early, even if you will pay privately.
  • Keep every invoice and receipt.

What should you send us?

Send the outcome (acquittal or discontinuance notice), your fee agreement and invoices, and any Legal Aid decision letter.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We protect your costs position from the start, apply for the order on acquittal and prepare the claim for assessment. See criminal defence.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Will I get all my fees back?

Rarely. Legal costs are generally capped at Legal Aid rates, so expect a shortfall.

Why apply for Legal Aid if I am paying privately?

In the Crown Court, being found ineligible for Legal Aid is normally a condition of recovering legal costs.

Can a company recover its costs?

The rules for companies are different and more restrictive. Take specific advice.

NEXT STEP

Plan your costs from day one

Call 0843 636 7687 or email [email protected].

Plan your costs from day one