How to apply for criminal legal aid

Can I get criminal legal aid?

You may get legal aid if you can't afford a lawyer and any of these is true:

• you're charged with an offence that could mean 6 months or more in prison
• you're appealing your conviction or sentence for one of those offences
• you're going before the Parole Board (in some cases).

For minor charges, legal aid is less likely, because the duty lawyer can help. You may still get it if something makes the case harder for you, such as a disability, trouble reading or writing, or mental illness.

To work out if you can afford a lawyer, the Ministry looks at what you earn before tax, what you own (such as a house or car), and how many children depend on you. If you have a partner, their money is counted too.

1Apply straight away

Apply as soon as you're charged or get a summons to go to court. Don't wait until your first day in court.

You don't have to fill in the form alone. You can:

• go to the reception desk at your nearest District Court and ask for the duty lawyer. If they're busy, ask to be put in touch with a court volunteer
• call the legal aid office on 0800 253 425 (free, weekdays 8am to 5pm)
• ask at a Community Law Centre or Citizens Advice Bureau.

The form you need depends on the charge. The application forms are on the Ministry website.

2Have these ready

Bring your court summons. It has details that go on the form. You'll also need:

• your address and phone numbers
• your date of birth
• the charge (it's on your summons)
• which court your case is at, and your next court date
• your income for the last 12 months, including wages, benefits and ACC
• any savings, and any debts such as hire purchase
• anything big you own, such as a house or car
• how many children depend on you for money.

3Get your lawyer

For most charges, the Ministry chooses your lawyer. A letter tells you if you got legal aid. If you did, it has your lawyer's name and contact details. They may be from the Public Defence Service.

You must contact your lawyer first. Try to see them before your first court date, or before you go back to court. If you already have a legal aid lawyer for another case, they usually take the new charges too.

For very serious charges, where you could go to prison for more than 10 years, you can choose your own lawyer. They must be an approved legal aid lawyer. If you don't choose one, the Ministry will. Not sure which applies to you? Ask the legal aid office.

Will I have to pay it back?

Maybe. Legal aid is treated as a loan. You may have to repay some or all of it, depending on what you earn, what you own, and whether you get money or property from your case. Read the Ministry's rules on repaying.

If you're turned down

You can ask the Ministry to look at the decision again. Find out how to ask for a review. A Community Law Centre can help for free.