Changes to Legal Aid in Criminal Cases

Bobbetts Mackan have been committed to the provision of Publicly Funded (Legal Aid) legal services for many, many years. The changes that have now come into force are very clumsy and have not been thought through by the Government or the Legal Services Commission.

They have just made it too complicated and longwinded.

The result of these changes has created delays in court and could result in serious miscarriages of Justice. We are doing all we can to continue to protect your interests but we need your help in providing the court with the information it needs. 

If you find yourself involved in criminal proceedings, you may have to wait longer for things to happen in your case.  This is because the new system has not been designed to take account of how the Criminal Courts operate and the urgency of many situations.

Legal Aid in criminal cases has not been ‘means tested’ in the Magistrates Court and has been subject to contribution at the end of a case in the Crown Court where the defendant has been convicted.

From October 2nd 2006 this has changed.

In the Magistrates Court full means testing has come into effect and now applies to all applications for cases to be paid for by Public Funds by way of grant of legal aid.

In the Crown Court it is still not ‘means tested’ at the start of the case but it continues to be subject to a contribution, if convicted, at the end.

What is the impact?

Anyone now applying for 'Legal Aid' in Criminal Cases in the Magistrates Court will have to complete an 11-page form saying why they need 'Legal Aid' and dealing with what is known as ‘the merits test’ – this deals with ‘why’ it should be granted in any particular case.

Those at Court processing these applications have to be satisfied that anyone applying should get 'Legal Aid' as a result of the type of case it is and the consequences to the applicant. Although there have been some small changes, it is very much the same test as was applied before.

The ‘means test’ also has to be passed and this is best understood in the following stages

Stage 1. Anyone who receives one of the following state benefits will qualify:

• Income support.
• Income based job seekers allowance
• Guaranteed state pension.

You only have to complete one form called a CDS14

Stage 2. Anyone not on one of those benefits will have to fill up a very detailed 13-page form - a CDS15  - giving details of:

• All of their income.
• The income of their partner.

The Legal Services Commission and the department for Constitutional Affairs have come up with quite a complicated formula. Means are assessed at the court and taking income and outgoings and responsibilities into account they will decide whether the applicants get legal aid or not.

If, after they have done the calculation the applicants income is less than £11,590 a year legal aid will be granted.

If it is less than £20,740 a year and the applicants have a calculated disposable income of less than £3,156 a year legal aid will be granted.


Stage 3. Self employed applicants will find it more complicated as a complex means test approach is taken. That is dealt with by the Legal Services Commission not the court.

Stage 4. Applicants who are refused legal aid and cannot afford to pay can appeal to a hardship unit run by the Legal Services Commission.

We will advise on the steps that can be taken to appeal a refusal decision. We can also advise on alternative ways of paying for our advice and representation and the full extent of the service that we offer as your personal lawyers.

Contact us for more information or e mail defenceteam@bobbetts.com