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Legal aid or a private solicitor in criminal cases

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

Advice at the police station is free under legal aid to everyone, whatever their income. Legal aid at court depends on an interests of justice test and a means test, with contributions possible in the Crown Court. Clients may instead instruct a solicitor privately, usually for an agreed fee.

At the police station

Legal advice and representation at the police station, whether under arrest or at a voluntary interview, is free under criminal legal aid for everyone, regardless of income or savings (Legal Aid, Sentencing and Punishment of Offenders Act 2012 s.13; PACE Code C). A suspect can choose a named firm that holds a legal aid contract, such as Theodorous, or ask for the duty solicitor.

At court

Representation orders for court proceedings are granted by the Legal Aid Agency and depend on two tests:

Higher thresholds announced after the government's means test review had not yet taken effect for criminal cases at the time of writing.

Instructing a solicitor privately

Some clients choose to pay privately, for example because they are not eligible for legal aid at court, or because they want a named solicitor of their choice to handle the case throughout, with more time for preparation, expert evidence or pre-charge representations. Private fees are agreed in writing in advance; fixed fees are common for police-station attendance and straightforward hearings.

Costs if acquitted

A privately paying defendant who is acquitted may recover some costs through a defendant's costs order, but recovery is limited to legal aid rates rather than the full private fee. In the Crown Court, legal costs can only be recovered if the defendant applied for legal aid and was refused as financially ineligible, so an application is usually worth making even if refusal is expected (Prosecution of Offences Act 1985 ss.16 to 16A).

In practice

Both routes provide a qualified, regulated solicitor. The choice usually turns on eligibility, the complexity of the case and the level of personal involvement the client wants.

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Authorities: Legal Aid, Sentencing and Punishment of Offenders Act 2012 Part 1, s.13; Police and Criminal Evidence Act 1984 s.58; PACE Code C (2023); Criminal Legal Aid (Financial Resources) Regulations 2013, including reg.37; Prosecution of Offences Act 1985 ss.16, 16A; Costs in Criminal Cases (Legal Costs) (Exceptions) Regulations 2014; Legal Aid Agency, Criminal Legal Aid Manual (version 41, October 2026)

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