"To no person … in our courts… will we deny justice" - so said Magna Carta. It
took another 750 years to bring free legal aid to the man in the street so he
too could obtain justice ! But it's here, it's still alive and it's worth
defending.
In the criminal courts, it's the court which decides whether you can have
Legal Aid. You must satisfy the Court that your case is serious enough to
justify a lawyer paid by the State. So you must be at serious risk of your
liberty or there must be a real legal case to argue. In many cases there is now
no initial means test, but you may be ordered to pay all or part of the cost at
the end.
In civil and family cases, it's the Legal Services Commission which makes the
decision. They need to be satisfied about the means test and that you have a
reasonable prospect of success. Some court cases, especially those concerning
children or domestic violence, are important in their own right. If the dispute
is about money or property, the Commission may be concerned that the cost of the
case is proportionate to what is actually in dispute.