Can I Get Legal Aid for a Criminal Case Appeal?

If you are thinking about appealing a criminal conviction or sentence, one of the first questions you will probably ask is whether you can get Legal Aid. Understanding how Legal Aid works for appeals can feel confusing, especially when you are already dealing with the stress of a conviction. This guide explains everything clearly, in plain English, so you know where you stand and what your options are.

Legal Aid for criminal appeals works differently from Legal Aid in the Magistrates' or Crown Court. The rules, eligibility tests and processes can feel complicated, but once you understand the basics, the path forward becomes much clearer.

Whether you are appealing a conviction, challenging a sentence, or trying to make a late appeal, this guide will help you understand when Legal Aid may be available, how it is assessed, and what to do if you are refused.

What Is Legal Aid For Criminal Appeals?

Legal Aid is government funding that helps cover the costs of legal representation. For criminal appeals, it is designed to make sure that anyone with a potentially valid appeal can get the legal help they need, even if they cannot afford it privately.

However, unlike trials where Legal Aid is much more common, appeals are more selective. The Legal Aid Agency will usually only fund your appeal if:

• Your case has arguable grounds
• You pass the financial means test
• Your solicitor believes your appeal has a real chance of success

Appeals are not automatically funded. The Legal Aid Agency wants to see that your appeal is serious, well founded and not simply a disagreement with the original decision.

Who Can Get Legal Aid For An Appeal?

Legal Aid for criminal appeals depends on two main things: your financial situation and the strength of your case.

1. Financial Eligibility (Means Test)

The Legal Aid Agency will look at your income, savings and outgoings, along with whether you receive certain benefits. If your income is low, or you are on benefits such as Universal Credit, Income Support or ESA, you are more likely to qualify.

If your income is higher, you may still be eligible for Legal Aid, but you might be required to pay a contribution towards your legal costs.

2. Merits Test

This is the most important part of the Legal Aid assessment for appeals.

Your solicitor must explain to the Legal Aid Agency that you have arguable grounds for appeal. That usually means showing that:

• There was an error in law or procedure
• Your conviction or sentence may be unsafe
• The appeal has a real prospect of success and is not simply a complaint about the outcome

If the Legal Aid Agency accepts that your appeal has merit, they can grant funding so that the case can be properly prepared and argued.

Legal Aid For Different Types Of Appeals

Not all appeals are treated in the same way. Legal Aid can be available for a range of appeal situations, but the details vary.

Appeals Against Conviction

You may be eligible for Legal Aid if there are real concerns about the safety of your conviction. For example:

• The judge gave incorrect legal directions to the jury
• Important evidence was wrongly admitted or excluded
• Your trial was unfair for procedural or legal reasons

Conviction appeals are often suitable for Legal Aid where a solicitor can identify specific legal or procedural errors rather than a general disagreement with the verdict.

Appeals Against Sentence

Legal Aid can also be granted to challenge a sentence. This can include cases where:

• The sentence was outside the usual range for the offence
• Sentencing guidelines were applied incorrectly
• Important personal mitigation was not properly considered

Sentence appeals have a good chance of being funded if there is a clear argument that the sentence is wrong in principle or too severe when compared with similar cases.

Out Of Time Appeals

Normally you have 28 days to appeal a conviction or sentence from the Crown Court. If you miss that deadline, you may need permission to appeal out of time.

Legal Aid may still be available for an out of time appeal, but your solicitor will need to explain:

• Why the appeal was not lodged in time
• Why the appeal still has a real prospect of success

The Legal Aid Agency will look closely at both the explanation for the delay and the strength of the underlying appeal.

Appeals Involving The CCRC (Criminal Cases Review Commission)

The Criminal Cases Review Commission can refer cases back to the Court of Appeal where there is a real possibility the conviction or sentence is unsafe. These cases are often complex and can involve historic convictions or alleged miscarriages of justice.

Legal Aid may sometimes be available for CCRC related work, particularly where:

• Fresh evidence needs to be obtained or analysed
• Experts must be instructed
• The case raises complex legal or factual issues

What If My Solicitor Says I Do Not Qualify For Legal Aid?

It is not unusual for someone to be told that Legal Aid is not available or that their appeal does not have enough merit. That does not always mean the story ends there.

Legal Aid may be refused because:

• Your case does not appear to have strong grounds at first look
• The Legal Aid Agency considers the appeal unlikely to succeed
• Your income or savings are above the financial threshold

However, refusal from one solicitor or one application does not always mean you have no options. In some cases, a second opinion can make a real difference, especially if:

• Fresh evidence has come to light
• Something important was missed at trial
• There are clear legal arguments that have not yet been fully explored

What If I Do Not Qualify For Legal Aid At All?

If you fail the financial test for Legal Aid, you may still have options for getting help with your appeal.

Mixed Funding Or Fixed Fees

Some solicitors offer a mix of reduced private fees, staged payments, or fixed fees for specific pieces of work such as reviewing the papers or drafting grounds of appeal. This can make specialist advice more affordable.

Private Representation

For some clients, paying privately allows for more flexible time and resources to be devoted to their case. This may be an option if the appeal is particularly important or complex and you are in a position to fund representation.

If Your Circumstances Change

If you lose your job, start claiming benefits, or your finances change significantly, you may become eligible for Legal Aid in the future. It can be worth revisiting eligibility with a solicitor if your situation changes.

How Long Does It Take To Get Legal Aid For An Appeal?

Timescales vary, but many Legal Aid applications for appeals are processed within a few weeks. More complex cases, or those involving extensive evidence or expert reports, may take longer, especially where the Legal Aid Agency asks for more information.

Because appeals are time sensitive, it is important to speak to a solicitor as soon as you start thinking about an appeal. The earlier they can assess your case and submit any Legal Aid application, the better.

Can I Change Solicitors If I Already Have Legal Aid?

In some situations, yes. If you already have Legal Aid but feel that your current solicitor is not progressing the case or is not the right fit, you may be able to apply to transfer your Legal Aid to a different firm.

You will usually need to show that there is a genuine reason for the change, such as a breakdown in communication or a loss of confidence in the representation. A new solicitor can advise you on whether a transfer is realistic.

Common Myths About Legal Aid For Appeals

Myth 1: Everyone Gets Legal Aid For Appeals

Not true. Legal Aid for appeals is only granted where the case has arguable grounds and passes the merits test.

Myth 2: If Legal Aid Is Refused, You Cannot Appeal

This is wrong. You can still appeal with private representation, or seek a second opinion from another solicitor about renewing a Legal Aid application.

Myth 3: Legal Aid Covers Every Possible Cost

Legal Aid can cover reasonable legal costs and some disbursements, but not every expense is automatically approved. Expert reports or lengthy transcripts may need separate authorisation.

Myth 4: Legal Aid Is Only For People On Benefits

Many working people still qualify for Legal Aid, depending on their income, outgoings and household circumstances. It is always worth checking your eligibility rather than assuming you do not qualify.

Case Examples

Legal Aid Granted For An Unsafe Conviction Appeal

A man convicted in the Crown Court believed the jury had been misdirected. His new solicitor identified specific errors in the judge's directions and submitted detailed grounds to the Legal Aid Agency. Funding was granted, the appeal went ahead and the conviction was later overturned.

Legal Aid Refused, Then Granted After A Second Opinion

A woman was told her sentence appeal had no merit and that Legal Aid would not be available. A second firm reviewed the case, identified clear guideline errors and prepared stronger grounds. Legal Aid was then granted and her sentence was reduced by the Court of Appeal.

Out Of Time Appeal Funded

A defendant missed the appeal deadline due to serious mental health difficulties. Medical evidence supported the delay. Legal Aid was approved to prepare an out of time application and the court agreed to extend time so that the appeal could be heard.

Conclusion

Legal Aid for criminal case appeals is available, but it is not automatic. You must meet the financial criteria and show that your appeal has real prospects of success. The strength of your grounds and the quality of your legal advice both play a major role.

If you are unsure whether you qualify, or if you have been refused Legal Aid in the past, it is often worth getting specialist appeal advice. A focused review of your conviction, sentence and trial papers can help you understand whether there is a realistic basis to move forward.