Legal aid and billing

Is legal aid at the police station means-tested?

Do clients have to pass a means test for police station advice?

Asked by PoliceStationRepUK team

1 answer

• No. Detainees must be told that free independent legal advice is available (PACE Code C paragraph 6.1), whatever their income. Free advice can be limited to telephone advice from CDS Direct for some matters, for example non-imprisonable offences, drink-driving offences and breach of bail, unless an exception applies, such as the police wanting to interview the detainee or the detainee needing an appropriate adult (Code C Note 6B). Police station legal aid work is done by firms that hold a Standard Crime Contract with the Legal Aid Agency. Means testing applies at later stages, such as representation in the magistrates' court, not to advice at the police station.

  Sources: PACE Code C (2023), para 6.1 and Note 6B; Standard Crime Contract 2025 (LAA, gov.uk)

  PoliceStationRepUK team

Peer discussion only, not legal advice. Check current rules and guidance.

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