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Applying for Criminal legal aid

Non-means tested funding

A guide to help providers identify and submit non-means tested applications

All proceedings in the magistrates’ court are means tested.

Any case that is transferred or sent to the Crown Court is means tested. If a representation order already exists, it may already cover additional work.

Appeals to Crown Court against conviction, sentence or order are also means tested.

Proceedings in civil venues are not means tested.

Refer to the Criminal Legal Aid Manual (CLAM) for further guidance, in particular the following sections:

  • Section 6.4 – Scenarios where CCMT does not apply
  • Section 22 Annex E – Criminal funding in proceeds of crime matter
  • Section 25 Annex H – Prescribed proceedings

We advise you consult the guidance before submitting an application. This will avoid rejection.

Contempt of court and breaches of anti-social behaviour injunctions

Full guidance can be found at:

Apply for legal aid for civil contempt cases
Apply for legal aid for anti-social behaviour injunction breaches

Only breaches of ASBCPA injunctions are criminal legal aid. Defending the making of an injunction is a civil matter and you should apply through CCMS.

Submitting a non-means tested application

You do not require any means information from your client. After completing your clients name and date of birth on the application answer ‘No – the application covers non-means testes prescribed proceedings’ to the question ‘Is this application subject to the means or passported test?’:

This will automatically remove any means questions and direct your application to a specialised queue processed by trained caseworkers in the National Crime Team.
Please be aware of the evidence requirements for civil contempt and breaches of ASBCPA injunctions.

No specific higher court venues are available in the application, but you can select a generic court venue from the drop-down list as follows:

County Court

High Court

Family Court

Court of Protection

Chancery Division

Any queries concerning non-means tested applications should be directed to: Nationalcrimeteam@justice.gov.uk