Criminal legal aid may pay some or all of your defence costs in England and Wales. Legal advice at a police station is free regardless of income. If you have been charged or must attend court, eligibility depends on the proceedings, the interests of justice and your financial circumstances. Ghafar Khan accepts criminal legal-aid instructions where the applicable requirements are met. For an initial assessment, call, text or WhatsApp 07500 556587.
Can I get legal aid for a criminal case?
Possibly. Criminal legal aid is available for many police-station and court matters, but the rules differ according to the stage of the case. Police-station advice is free. For court representation, an application may have to satisfy both an interests-of-justice test and a financial means test. The seriousness of the allegation, possible consequences, income, family circumstances and the court dealing with the case may all be relevant.
If you are worried about cost, do not delay asking for advice. Contact Ghafar Khan with the allegation, police station or court, the next date and any papers you have received. He can explain whether legal aid may be available and what information is required.
Is a solicitor free at the police station?
Yes. If the police want to question you at a police station, you have the right to free and independent legal advice. This applies whether you have been arrested or invited to a voluntary interview under caution. Your income does not prevent you from asking for police-station advice, and requesting a solicitor does not suggest guilt.
You may ask for the duty solicitor or request a named solicitor who undertakes police-station work. Ask the custody officer or investigating officer to contact Ghafar Khan before the interview begins. Read more about free police-station representation and voluntary interview advice.
What is the interests-of-justice test?
The interests-of-justice test considers whether publicly funded representation is justified by the nature and consequences of the case. Relevant issues may include the risk of imprisonment, serious damage to livelihood or reputation, a substantial question of law, difficulty understanding or presenting the case, the need to trace or question witnesses, and whether representation is needed in the interests of another person.
A Crown Court trial automatically satisfies the interests-of-justice requirement, although financial eligibility still has to be considered. In the Magistrates’ Court, the particular allegation, likely outcome and personal circumstances can be important. A solicitor should assess the actual case rather than assuming that a particular charge automatically qualifies.
What is the criminal legal-aid means test?
The means test assesses whether you are financially eligible. Depending on the type of proceedings, the Legal Aid Agency may consider household income, a partner’s income, family circumstances, dependants, housing costs, childcare, other recognised outgoings, capital and property equity. Certain benefits can affect the assessment.
Financial limits and evidential requirements can change. Do not rely on an old online figure or assume that a higher salary automatically prevents assistance. Current official guidance and the details of your household must be checked. The Legal Aid Agency’s criminal means-testing guidance explains the current rules.
Magistrates’ Court legal aid
For representation in the Magistrates’ Court, an applicant will normally need to satisfy the interests-of-justice test and the financial means test. The application should be supported by the information and documents requested. Missing or inconsistent evidence can delay a decision, so it is important to provide accurate instructions promptly.
A first hearing can involve important decisions about plea, bail, allocation and case preparation. If you have received a charge, requisition or summons, contact Ghafar Khan before the hearing. Read the Magistrates’ Court defence guide.
Crown Court legal-aid eligibility and contributions
Crown Court trials automatically meet the interests-of-justice test, but the financial assessment remains relevant. Depending on income and capital, a defendant may receive legal aid without an income contribution, may have to make contributions, or may be financially ineligible. Capital can also become relevant following conviction.
If an eligible defendant is required to make income contributions and is later acquitted, the applicable rules provide for repayment. Because contribution notices and evidence requests carry deadlines, obtain advice promptly. For serious proceedings, see Crown Court defence representation.
What evidence is needed for a legal-aid application?
The evidence depends on your circumstances. You may be asked for:
- Your National Insurance number
- Recent payslips or proof of benefits
- Information about a partner’s income
- Bank or savings evidence if requested
- Self-employment or company records
- Housing, childcare or maintenance costs
- Information about capital, property or equity
- The charge, court papers and next hearing date
Tell your solicitor immediately if a document cannot be obtained or your circumstances have changed. Do not provide estimates where accurate information is available. The official application guidance explains how criminal applications are submitted.
Will Ghafar Khan accept legal aid for my case?
Yes. Ghafar Khan accepts criminal legal-aid instructions where the case and applicant meet the relevant requirements. Contact him with a brief description of the allegation, the police station or court, the next date and details of any existing representation. Eligibility, availability and the appropriate next step can then be considered promptly.
Ghafar Khan is a Criminal Defence Solicitor and High Court Advocate whose practice is focused on criminal law. Representation is available from police investigation through Magistrates’ Court, Crown Court and, where appropriate, appellate proceedings. Learn more about Ghafar Khan.
Can I choose my own legal-aid solicitor?
At the police station, you may ask for a named solicitor rather than relying only on the duty solicitor. If court proceedings have started, the position depends on whether a representation order has already been granted, the stage of the case and the reason for any proposed change.
If you are dissatisfied with existing representation, seek advice before ending that relationship or missing a deadline. A transfer in an ongoing legally aided Crown Court case may require an application supported by recognised grounds. Read about changing solicitor in a legally aided Crown Court case.
What if my criminal legal-aid application is refused?
A refusal should be examined carefully. It may be necessary to check whether financial evidence was missing, whether the interests-of-justice information fully explained the risks, or whether circumstances have changed. Depending on the reason and the proceedings, a review or hardship application may be available. Private representation may also be discussed.
Do not ignore the case while a funding issue is investigated. Court dates, bail conditions and procedural deadlines continue to apply. Send the refusal or request for information to Ghafar Khan so the position can be assessed.
Criminal legal aid questions answered
Can I get free legal advice if I have been arrested?
Yes. Police-station advice is free and independent. Ask the custody officer to contact Ghafar Khan, or call or WhatsApp 07500 556587 before answering questions.
Is a voluntary police interview covered?
Free legal advice can ordinarily be provided for a properly arranged voluntary interview under caution. Contact Ghafar Khan before agreeing the interview date so that the allegation and arrangements can be discussed.
Does Universal Credit mean I qualify automatically?
Universal Credit can passport an applicant through part of the financial assessment, but the interests-of-justice requirement and evidence checks may still matter. Ask for an assessment under the current rules rather than relying on general assumptions.
Do I have to pay towards Crown Court legal aid?
Some defendants must make contributions based on assessed income or capital. Others pay no contribution. The Legal Aid Agency determines the position under the current rules.
Can Ghafar Khan apply for legal aid for me?
Ghafar Khan can assess the case, explain the information required and arrange the appropriate criminal legal-aid application where instructed and eligible. Call, text or WhatsApp 07500 556587.
Can I obtain legal aid in Blackburn, Blackpool, Preston, Rochdale or Bury?
The national eligibility rules apply throughout England and Wales. Ghafar Khan accepts eligible criminal instructions and acts nationally. Priority local guidance is available for Blackburn, Blackpool, Preston, Rochdale and Bury. Contact him with your police station, court and next date.
Speak to Ghafar Khan about criminal legal aid
If you are concerned about paying for representation, make contact now. A brief initial discussion can identify whether police-station advice is free, whether a court legal-aid application may be appropriate and what evidence is needed.
- Call: 07500 556587
- Text/SMS: 07500 556587
- WhatsApp: Message Ghafar Khan
- Landline: 03330 110 210
- Email: notguilty@ghafarkhan.com
- Coverage: Acting throughout England and Wales
Official guidance and related criminal defence services
For the current national rules, consult the official guidance on legal aid after arrest or charge and who qualifies for criminal legal aid. These sources should be checked whenever financial thresholds or application requirements may have changed.
Legal aid is a funding arrangement, not a substitute for early case preparation. Advice may still need to address interview strategy, bail, disclosure, witnesses, digital evidence and the consequences of plea. Ghafar Khan provides criminal defence assistance throughout England and Wales, including cases involving drugs, conspiracy, fraud, money laundering, serious violence and Crown Court proceedings.
This page provides general information about criminal legal aid in England and Wales. It is not legal advice about an individual case. Eligibility, contributions and procedure depend on current rules and personal circumstances. Last reviewed: 18 October 2026.