Sometimes your insurance may cover the costs of being represented by a solicitor in court, or if you are represented by a union they may help you also, depending on the circumstances of your case.

Often you can be represented on legal aid, which will be free of charge to you. We can help you to complete and submit the necessary forms.

However, the recent introduction of means testing in the Magistrates’ Court has made it more difficult to get legal aid. If your means (income and/or assets) are too high, you will not get legal aid in the Magistrates’ Court. You will also not get legal aid if the case does not pass the “Interest of Justice” test, for example, if the case itself or the consequences to you are not considered serious enough. This is often the case with road traffic prosecutions.

Presently legal aid is not means tested in the Crown Court, and the means test does not apply in the Magistrates’ Court if the magistrates decide your case must be tried in the Crown Court. This is going to change very soon.

You may have the option of seeing the Duty Solicitor at the Magistrates’ Court. This service is free of charge. However, you can only use the Duty Solicitor once for your case, in other words, if your case is adjourned you cannot use the Duty Solicitor again. Also, the Duty Solicitor cannot represent you if the offences you face only carry a fine and/or penalty points.

If you are not able to get free representation, you have the choice either of representing yourself or paying for a solicitor.