Is legal aid free for the entire case?

In the Magistrates' Court, yes, where both tests are passed. In the Crown Court, you may be required to contribute toward costs from income, with a possible capital contribution if convicted. The Legal Aid Agency assesses this on application.

I have a job. Should I still apply for criminal legal aid?

Yes. Eligibility is calculated against income, dependants, housing costs, and disposable income. Many working defendants qualify, especially where there are children at home or significant housing costs. The GOV.UK calculator gives a quick indication.

I own a house. Can I still get criminal legal aid?

Often, yes, for the initial grant. Capital and equity are assessed but home ownership is not an automatic disqualification. A capital contribution may apply at the end of a Crown Court case if you are convicted.

Can I choose my own solicitor on legal aid?

Yes, provided the firm holds a Legal Aid Agency contract. If you call Astons Law Chambers, the referral is made to the practice's partner firm; you remain free to instruct any contracted firm of your choice.

Does Astons Law Chambers charge a referral fee?

No. Referral fees in criminal proceedings are prohibited under both Bar Standards Board and Solicitors Regulation Authority rules. The referral is made free of charge.

How do I apply for criminal legal aid?

For Magistrates' Court cases, your solicitor applies on your behalf using the Legal Aid Agency form. For Crown Court cases, the court itself processes the application after the case is sent up. You do not apply directly to the Legal Aid Agency yourself.

Can I get legal aid for a Direct Access barrister?

Not directly — Direct Access is private instruction. If your case is suitable for legal aid, Astons Law Chambers refers it to a partner solicitor firm. That firm may then instruct Ghulam Humayun as counsel under the Advocates’ Graduated Fee Scheme. The fees are billed to the Legal Aid Agency, not to you.

Home / Legal Aid

Legal Aid for Criminal Cases

Astons Law Chambers is not a legal aid contract holder. Where legal aid applies, the case is referred to a partner solicitor firm at no cost. The first call is free either way. That call is where suitability is decided.

Is the first call free?

Yes, whether or not legal aid applies. The first call to Astons Law Chambers carries no fee. It is where Ghulam Humayun assesses whether the case is suitable for Direct Access, suitable for legal aid via referral, or for both.

Police station advice is free for everyone

Free legal advice at the police station is unconditional. It applies regardless of income, charge, or whether you would qualify for legal aid at later stages of the case. It is available 24 hours a day under the Defence Solicitor Call Centre rota.

Astons Law Chambers attends police stations under the same entitlement. The choice between the duty solicitor and a barrister is yours; the right to representation is the same in both cases.

Who qualifies for criminal legal aid

Criminal legal aid has two tests.

The means test looks at your finances: income, dependants, and capital.

The interests of justice test looks at the case — the risk to liberty, livelihood, or reputation, and the difficulty of presenting a defence without a lawyer.

The Legal Aid Agency weighs the interests of justice against a set of factors known as the Widgery criteria:

The risk of losing your liberty (a custodial sentence).
The risk of losing your livelihood.
The risk of serious damage to your reputation.
Whether the case involves a substantial question of law.
Whether you would have difficulty following or presenting your own case.
Whether the case requires tracing or interviewing witnesses.
Whether expert cross-examination of prosecution witnesses is needed.
Whether the interests of another person require protection.

Any one of these factors can be sufficient. The application is decided on the overall picture.

For Magistrates' Court representation, both tests must be met. For Crown Court matters, the means test determines whether you contribute toward the cost rather than whether you qualify; the interests of justice test is taken as met because Crown Court cases are serious by definition.

The Legal Aid Agency publishes current financial thresholds and a free eligibility calculator on GOV.UK. The figures are updated annually, so the live calculator is the only reliable source.

Check legal aid eligibility on GOV.UK →

What legal aid covers at each stage

Stage

Cost to you

Tests applied

Police station

Free for everyone

None — unconditional under PACE

Magistrates' Court

Free if both tests are passed

Means + interests of justice

Crown Court

May require a contribution from income (a Contribution Order); capital contribution from assets if convicted

Means (interests of justice taken as met)

Appeals

Fresh application required; not carried over from the original case

Both tests assessed again

How a referral from Astons Law Chambers works

You call Astons Law Chambers on 07922 247 999.
Ghulam Humayun discusses the case and your circumstances, including likely eligibility for legal aid.
If legal aid is the appropriate route, the case is referred to a partner solicitor firm. The referral is made at no cost. Referral fees in criminal proceedings are prohibited by Bar Standards Board and Solicitors Regulation Authority rules; none passes between practices.
The partner firm applies for legal aid on your behalf and runs the case under its contract with the Legal Aid Agency.
Where the case requires advocacy at trial, the partner firm is free to instruct Ghulam Humayun under the Advocates' Graduated Fee Scheme. The fees are billed to the Legal Aid Agency, not to you.

If you are refused legal aid

A refusal is not the end of the route. Three options:

Hardship review. Where the standard means calculation does not reflect your real position — significant childcare costs, debt repayments, or housing costs — the Legal Aid Agency will reconsider on application. Evidence of those costs is required.
Advocate (the Bar's national pro bono charity). Where legal aid has been formally refused and there is no alternative funding, Advocate matches the case with a barrister volunteering their time. The application is detailed and requires proof that legal aid has been refused.
Private instruction. Indicative fee ranges at Astons Law Chambers are published on the fees page. Payment terms are agreed in writing before any work begins.

Fees at Astons Law Chambers →

What to bring to the first call

The custody record or charge sheet, if you have one.
The next hearing date, if a date has been set.
Any correspondence from the police or the court.
A rough timeline of what happened.
An estimate of monthly income and outgoings, if you want to discuss legal aid eligibility.

Frequently asked questions

Is legal aid free for the entire case?: In the Magistrates' Court, yes, where both tests are passed. In the Crown Court, you may be required to contribute toward costs from income, with a possible capital contribution if convicted. The Legal Aid Agency assesses this on application.
I have a job. Should I still apply?: Yes. Eligibility is calculated against income, dependants, housing costs, and disposable income. Many working defendants qualify, especially where there are children at home or significant housing costs. The GOV.UK calculator gives a quick indication.
I own a house. Can I still get legal aid?: Often, yes, for the initial grant. Capital and equity are assessed but home ownership is not an automatic disqualification. A capital contribution may apply at the end of a Crown Court case if you are convicted.
Can I choose my own solicitor on legal aid?: Yes, provided the firm holds a Legal Aid Agency contract. If you call Astons Law Chambers, the referral is made to the practice's partner firm; you remain free to instruct any contracted firm of your choice.
Does Astons Law Chambers charge a referral fee?: No. Referral fees in criminal proceedings are prohibited under both Bar Standards Board and Solicitors Regulation Authority rules. The referral is made free of charge.
How do I apply for criminal legal aid?: For Magistrates' Court cases, your solicitor applies on your behalf using the Legal Aid Agency form. For Crown Court cases, the court itself processes the application after the case is sent up. You do not apply directly to the Legal Aid Agency yourself.
Can I get legal aid for a Direct Access barrister?: Not directly — Direct Access is private instruction. If your case is suitable for legal aid, Astons Law Chambers refers it to a partner solicitor firm. That firm may then instruct Ghulam Humayun as counsel under the Advocates' Graduated Fee Scheme. The fees are billed to the Legal Aid Agency, not to you.

Verify the rules

The Legal Aid Agency publishes the current rules, financial thresholds, and the eligibility calculator on GOV.UK. The links below are the canonical sources.