Getting legal aid

Legal aid helps you pay for a solicitor. Legal aid is means tested. However, over 90 per cent of applicants get help without making any payments.

How do I get legal aid?

There are three types of legal aid:

legal advice and assistance,
civil legal aid,
legal aid for criminal proceedings.

You may also be able to get up to thirty minutes of legal advice for £5.00. This is known as the fixed fee interview. You can get a fixed fee interview even if you are not entitled to legal aid.

Help from legal aid depends on:

your income,
your savings,
the merit of your case (except for criminal legal aid).

To get legal aid you must see a solicitor. You can apply for yourself or on behalf of a relative or friend. You can find a solicitor by using the Northern Ireland Legal Services Commission's web site.

Meeting the solicitor

It is important that you bring the correct information with you when you meet your solicitor. Bring your:

post code,
national insurance number,
savings books,
letter from social security agency outlining which benefits you get,
wage slips or P60 form.

Make sure that you give your solicitor accurate information at your first meeting. Your legal aid could be withdrawn if you give wrong information about your case. Keep your solicitor up to date with any changes in your income or savings.

Will I have to pay?

Legal aid is means tested. You may have to pay if you have savings or high earnings. However, 90 per cent of applicants get advice and assistance without paying fees.

You won't have to pay anything if you are on benefits such as:

income support,
income based jobseeker's allowance,
pension credit (guarantee),
family tax credit.

If you are successful in getting money or property when using legal aid you may be asked to put this towards your solicitor's bill. This is known as the statutory charge.

Legal advice and assistance

Many cases can be solved quickly and easily by a solicitor. To get advice and assistance paid by legal aid you must have a low income and little in savings. You usually need to earn less than £186 per week and have less than £1,000 in savings to qualify for legal aid. However, you will usually have to make a contribution to your costs.

You must also show that your case is worthwhile funding. Your solicitor can explain this test in more detail.

Civil legal aid

If your case is complicated or you need to go to court you may be able to get civil legal aid. You will usually only get civil legal aid if:

you get income support, income based jobseeker's allowance, family tax credit or pension credit (guarantee),
your disposable income is less than £8,067 a year and you have less than £6,750 in savings and other capital.

You must also show that your case is worthwhile funding. Your solicitor can explain this test in more detail.

Criminal legal aid

Everyone is entitled to free legal advice when being questioned by the police. Just tell the police that you want to speak to a solicitor.

There are no financial limits on criminal legal aid. However, you'll only get legal aid if the court thinks that giving you legal aid is in the interests of justice. Your solicitor can explain this test in more detail.