Legal Aid - The Means Test
The Means Test in a Magistrates Court establishes whether an applicant is financially eligible for Legal Aid.
- The Initial Means Test assesses the applicant’s income and how this is spread between any partners and children.
- A Full Means Test is carried out if, through the initial Means Test, the applicant’s suggested income is calculated to be more than £12,475.00 and less than £22,325.00. It works out an Applicant’s disposable income after deducting tax, maintenance and other annual costs from the gross annual income.
- In general terms, if you earn more than £21,000.00 you may not qualify for Legal Aid at all unless you can show “exceptional hardship”.
- The Complex Means Test is for those who have complex financial circumstances.
- Hardship Reviews can be carried out if an applicant can show that they are genuinely unable to fund their own representation.
Applicants who are ineligible for Legal Aid in the Magistrates Court and who choose to fund their defence privately can apply to re-claim their costs if they are subsequently found “not guilty”.
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