Is Legal Aid Free?

Legal aid is offered by the Legal Services Commission (LSC). They are able to offer free legal help when a person in need of legal advice cannot afford it. There are separate divisions of the LSC that deal with either civil or criminal problems. The Community Legal Advice (CLA) service offers advice on civil matters and the Criminal Defence Services (CDS) offers advice on criminal matters. A person’s suitability for legal aid is dependent on their circumstances.

The CLA service will consider a number of personal factors when making their decision. They will consider the applicant’s income, savings, investments, and their childcare costs. They will also consider the claim itself and whether it has a reasonable chance of success in court. If the claim has no chance of success or is not worth the cost and time needed to succeed, the CLA can refuse to offer legal aid. The CLA will also consider whether the applicant is on any benefits such as income support or income-based job seekers’ allowance. These benefits automatically make an applicant financially eligible for legal aid.

If the CLA determines an applicant is suitable for legal aid, they must then determine if the applicant is to pay a contribution toward the help. This contribution could be made out of an applicant’s savings or set up as a monthly payment out of the applicant’s wages. If an applicant’s financial situation changes, they have an obligation to notify the CLA. They have the authority to revoke the legal aid which would result in the applicant repaying all of their legal costs. If the applicant receives or retains money or property at the end of their claim, they are obligated to pay the ‘statutory charge’. This is a charge on the money or property that is taken to recover some or all of the costs of the legal services paid for by the CLA. The statutory charge is assessed on a case-by-case basis.

The CDS offers free legal advice and representation to people who have been arrested. In order to receive free legal aid, the arrested person must fill out an ‘Application for Legal Aid in Criminal Proceedings’ form. They will be means tested to see if they are financially eligible, and may have to pay or contribute towards defence costs if they can afford it.

By: Ben Letham

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Ben Letham works for Contact Law, the UK's foremost legal brokerage company - finding the right solicitors and barristers for your needs.