Criminal Legal Aid Explained: Free Police Station Advice, Court Means Tests and Prison Law
By Daniel Hockey · Checked against GOV.UK and legislation · Last updated 8 October 2026 · 8 min read
The short answer: Criminal legal aid in England and Wales starts with free legal advice at the police station for everyone, whatever your income. For court, you must pass two tests: an interests of justice test and a means test. In the magistrates' court, you qualify on means if your adjusted household income is £12,475 or less, and not if it is £22,325 or more. In the Crown Court, legal aid is available unless your household disposable income is £37,500 or more, but you may pay 90% of your disposable income for up to 6 months. Legal aid also covers some prison law, including Parole Board cases.
Need support?
- Prisoners' Families Helpline 0808 808 2003 (free)
- Samaritans 116 123 (24 hours)
- Find a solicitor: ask for the duty solicitor at the police station or search the Law Society's Find a Solicitor service.
| Key fact | Detail |
|---|---|
| Police station advice | Free for everyone, from a duty solicitor or your own solicitor |
| Magistrates' court: qualify on income | Adjusted income £12,475 or less |
| Magistrates' court: do not qualify | Adjusted income £22,325 or more |
| Crown Court: not eligible | Disposable income £37,500 or more |
| Crown Court income contribution | 90% of disposable income, for up to 6 months |
| If acquitted in the Crown Court | Contributions refunded with 2% interest |
| Automatically eligible on means | Under 18s and people on certain benefits, including Universal Credit |
Free legal advice at the police station
If you are arrested and questioned, you have the right to free legal advice. Police must tell you this after arrest and before questioning. It does not depend on your income.
How to get it
- Ask for the duty solicitor. They are available 24 hours a day and are independent of the police.
- Ask for your own solicitor. Police will contact them for you.
- Say you want legal advice. The police will contact the Defence Solicitor Call Centre.
For less serious offences, such as being disorderly, you may get free advice by phone instead of in person. If you are under 18 or a vulnerable adult, your appropriate adult can ask for a solicitor even if you do not want one.
You can turn down advice and change your mind later. Once you ask for advice, police normally cannot question you until you have had it.
How long police can hold you
| Situation | Maximum detention |
|---|---|
| Standard | 24 hours before charge or release |
| Serious offences such as murder, with extensions | Up to 36 or 96 hours |
| Terrorism Act or National Security Act arrests | Up to 14 days without charge |
In serious cases a senior officer can delay your access to a solicitor, but by no more than 36 hours from your arrival at the station, or 48 hours in terrorism cases.
Legal aid for court: the two tests
When you are charged, a solicitor checks whether you qualify for legal aid for court. You must pass both tests.
The interests of justice test
The law sets out what must be taken into account when deciding whether legal aid is in the interests of justice. In plain terms:
Factors that support legal aid
- You are likely to lose your liberty or livelihood, or suffer serious damage to your reputation
- The case may involve a substantial question of law
- You may be unable to understand the proceedings or put your own case
- Witnesses need to be traced, interviewed or expertly cross-examined
- It is in someone else's interests that you are represented
The test is automatically met for cases sent to the Crown Court, retrials and committals for sentence.
Who is automatically eligible on means
You are "passported" through the means test if you are:
- under 18, or
- getting Universal Credit, Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance or Pension Credit Guarantee Credit
You still need to pass the interests of justice test.
Legal aid in the magistrates' court
Most criminal cases start and finish in the magistrates' court. Our guide to what to expect at the magistrates' court explains the hearings.
The initial means test
The Legal Aid Agency first works out your adjusted income. This is your household's gross annual income divided by a weighting for the size of your household.
| Adjusted income | Result |
|---|---|
| £12,475 or less | You qualify on means |
| Between £12,475 and £22,325 | A full means test looks at your outgoings |
| £22,325 or more | You do not qualify in the magistrates' court |
Household weightings
| Household member | Weighting |
|---|---|
| You (single adult) | 1.00 |
| Couple | 1.64 |
| Child aged 0 to 1 | 0.15 |
| Child aged 2 to 4 | 0.30 |
| Child aged 5 to 7 | 0.34 |
| Child aged 8 to 10 | 0.38 |
| Child aged 11 to 12 | 0.41 |
| Child aged 13 to 15 | 0.44 |
| Child aged 16 to 18 | 0.59 |
For example, a couple with no children and a gross household income of £30,000 would have an adjusted income of about £18,293 (£30,000 divided by 1.64). That falls into the full means test band.
The full means test
The full test takes account of your outgoings, including a living allowance of £5,676 for a single person, weighted for household size. If your annual disposable income is £3,398 or less, you qualify.
If you are refused on means, you can ask for a hardship review on form CRM16 if you have costs the test did not count.
Legal aid in the Crown Court
More serious cases go to the Crown Court. The interests of justice test is met automatically, so the question is money.
| Household disposable income | Result |
|---|---|
| £3,398 or less | Legal aid with no income contribution |
| Above £3,398 and below £37,500 | Legal aid with an income contribution |
| £37,500 or more | Not eligible, though you can ask for an eligibility review |
Contributions
- Income contributions are 90% of your disposable income, paid monthly for up to 6 months.
- If you are acquitted, you get your contributions back with 2% interest.
- If you are convicted, you may also have to pay from capital. Capital above £30,000, including equity in property, can be taken into account.
- Late evidence: if you do not provide income evidence within 21 days, you may be charged £900 a month or 100% of your disposable income, whichever is higher.
Appeals to the Crown Court
If your appeal against a magistrates' court conviction is dismissed or abandoned, you may have to pay £500. If the conviction appeal is dismissed but the sentence reduced, or a sentence appeal is dismissed or abandoned, the figure is £250.
Legal aid if you are remanded in custody
Being held on remand does not stop you getting legal aid, and some of the paperwork is simpler.
- National Insurance number: if you qualify automatically because of a benefit, you normally have to give one, but not if the court has remanded you in custody.
- Income evidence: you do not need to provide it if you have been in custody for 3 months or more.
- Means test: the same income limits and tests apply as for anyone else.
Our guide to remand and sentenced prisoners explains how remand time counts towards a sentence.
Legal aid for people in prison
Legal aid does not stop at sentence. It can still cover some prison law matters, which are set out in the Criminal Legal Aid (General) Regulations 2013.
| Prison law matter | Covered by legal aid advice |
|---|---|
| Parole Board proceedings | Yes |
| Advice on your release date and parole eligibility | Yes |
| Disciplinary hearings (adjudications) involving a criminal charge, or where the governor allows representation | Yes |
| Category A or restricted status reviews | Yes |
| Placement in a close supervision centre or separation centre | Yes |
| Complaints about general prison conditions, transfers or most categorisation decisions | Not listed |
Our guide to the parole process explains each stage. For disciplinary charges, see our guide to prison adjudications.
How to find a criminal or prison law solicitor
- At the police station: ask for the duty solicitor or name your own.
- At court: ask for the court duty solicitor, or use the firm that helped you at the police station.
- Search the official directory. The Ministry of Justice's Find a legal aid adviser tool lets you search by postcode for "Crime" or "Prison law".
- In prison: ask staff or the library for a list of prison law firms.
- Check the firm holds a legal aid contract for the type of work you need before you sign anything.
What to do now
- Ask for a solicitor before any police interview. It is free.
- Gather proof of income now: payslips, bank statements, benefit letters and your National Insurance number.
- Tell your solicitor about your household, including your partner's income, which counts in the means test.
- Ask about plea and credit. Pleading guilty at the first opportunity can reduce a sentence by up to one third. See our guide to credit for a guilty plea.
- Plan for a custodial outcome if there is any risk of one, using our 30-day checklist.
- Keep the same firm after sentence if you can. They already know your case for any appeal or sentencing day questions.
For families
Families cannot apply for legal aid on someone's behalf, but you can help. Find the firm's details, gather the paperwork they ask for and pass on messages. Remember that a partner's income usually counts in the means test, so be ready to provide evidence.
Frequently asked questions
Who qualifies for criminal legal aid?
Everyone gets free advice at the police station. For court, you need to pass the interests of justice test and a means test. Under 18s and people on benefits such as Universal Credit pass the means test automatically.
What is the income limit for legal aid in the magistrates' court?
You qualify if your adjusted household income is £12,475 or less and do not qualify at £22,325 or more. Between those figures, a full means test checks whether your disposable income is £3,398 or less.
Do I have to pay for legal aid in the Crown Court?
Possibly. If your household disposable income is above £3,398, you pay 90% of it each month for up to 6 months. If you are acquitted, you get the money back with 2% interest.
Is the duty solicitor really free?
Yes. Police station advice from the duty solicitor, or from your own solicitor under legal aid, is free whatever your income. The duty solicitor is independent of the police.
Can I get legal aid for a parole hearing?
Yes. Legal aid advice can cover Parole Board proceedings. Search for a "Prison law" provider in the Ministry of Justice legal aid directory, or ask prison staff for a list of firms.
Does my partner's income count for legal aid?
Usually, yes. The court means test looks at household income, and a couple is given a weighting of 1.64 when adjusted income is worked out. Have evidence of your partner's income ready when you apply.
What if I earn too much for legal aid?
You can pay privately or represent yourself. If you have unusual costs, ask for a hardship review in the magistrates' court or an eligibility review in the Crown Court.
Sources and how we checked this page
This page was written by Daniel Hockey and checked on 8 October 2026 against:
- GOV.UK: Criminal legal aid, means testing
- Legal Aid Agency: Criminal legal aid manual (version 39, October 2026)
- GOV.UK: Legal aid if you've been arrested or charged with a crime
- GOV.UK: Legal advice at the police station
- GOV.UK: How long you can be held in custody
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 17 (legislation.gov.uk)
- Criminal Legal Aid (Contribution Orders) Regulations 2013, regulation 28 (legislation.gov.uk)
- Criminal Legal Aid (General) Regulations 2013, regulation 12 (legislation.gov.uk)
- Ministry of Justice: Find a legal aid adviser
This page is general information about the law in England and Wales, not legal advice. Every case depends on its facts. Speak to a qualified solicitor about your situation.