Can I Get Legal Aid in Northern Ireland?

Who this guide is for

People in Northern Ireland who want to know if they can get legal aid. Legal aid in Northern Ireland is run by the Legal Services Agency Northern Ireland (LSANI), set up under the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014. It has different rules from England, Wales and Scotland.

What this guide does not cover

• Legal aid in England, Wales or Scotland: see the England and Wales guide or the Scotland guide.
• How your disposable income and capital are worked out, and your exact contribution: your solicitor works these out.
• Exceptional funding: ask your solicitor whether it could apply to your case.
• How to challenge a refusal of legal aid: ask your solicitor.
• How to apply for a protective order: see the domestic abuse court orders guide for Northern Ireland.

At a glance

• There are three schemes: legal advice and assistance, civil legal aid, and criminal legal aid.
• All applications for legal aid are made by a solicitor. Your solicitor tells you whether you might qualify.
• Legal advice and assistance covers advice from a solicitor on any point of Northern Ireland law.
• Civil legal aid for court cases comes as Representation in the Lower Courts, Representation in the Higher Courts, or exceptional funding.
• Criminal legal aid is granted by the court, not by LSANI.
• If you are interviewed at a police station about a suspected offence, legal advice there is free.

What the rules depend on

1. Where is the case? Northern Ireland: this guide. England, Wales or Scotland: see that guide.
2. Do you need advice, help with a civil court case, or help with a criminal case?
3. For a civil court case, which court? The Magistrates' Courts (Lower Courts), or a higher court such as the County Court or High Court.
4. Is it a tribunal, a coroner's court, or a libel or slander case? Representation in the Higher Courts does not cover these, though advice may still be possible.
5. What are your income and savings? Your solicitor checks these.

Legal advice and assistance

• Advice from a solicitor on any point of Northern Ireland law, for example personal injury, divorce, disputes over children, employment and housing.
• Under this scheme a solicitor can draft documents, write letters for you and negotiate for you.
• Before giving any advice, the solicitor must check that you qualify on money grounds. The check uses your disposable income and capital in the seven days up to and including the date of the first advice.
• Savings count as capital, including ISAs, shares, insurance policies and premium bonds. The value of your main or only home is not counted.
• If you cannot see the solicitor in person and the solicitor cannot visit you, someone else may speak to the solicitor for you.

Civil legal aid for court cases

• Representation in the Lower Courts: a solicitor prepares and represents you in most civil cases in the Magistrates' Courts, such as separation, maintenance, cases involving children, protection orders like a non-molestation order, and paternity. It also covers Mental Health Review Tribunal proceedings and prisoners' parole applications. Depending on your finances, you may have to pay something towards it.
• Representation in the Higher Courts: a solicitor, and sometimes a barrister, prepares and represents you in courts such as the County Court, High Court, Court of Appeal, Supreme Court, Lands Tribunal and the Enforcement of Judgments Office. LSANI decides these applications.
• Representation in the Higher Courts is not available for a Coroners Court, most tribunals, or libel or slander cases. You may still get advice under legal advice and assistance.
• If you have to pay a contribution, it is paid to LSANI, usually over 12 months. If you have savings, you may have to pay it straight away as a lump sum.
• Exceptional funding: a further route for some cases. Your solicitor will tell you if it applies.
• Money or property you win or keep in a civil case may be used to pay back legal aid (the statutory charge). LSANI publishes a guide to it; ask your solicitor.

Criminal cases

• Free legal advice and assistance is available to anyone interviewed at a police station about a suspected offence.
• Criminal legal aid for a court case is decided by the court. The court must be satisfied that your means are not enough to pay for your defence and that legal aid is in the interests of justice.
• No contribution is payable for criminal legal aid.
• Your solicitor will tell you whether you are likely to qualify.

How to apply and find a solicitor

• All applications for legal aid are made by a solicitor. You cannot apply to LSANI yourself.
• LSANI cannot give legal advice and cannot recommend a solicitor. Use the Law Society of Northern Ireland's Solicitors Directory to find one.
• You can also contact your local Law Centre or independent advice centre.

Deadlines

• This guide gives no time limit for applying for legal aid. Your legal problem may have its own deadline, such as a court or tribunal date: tell your solicitor straight away.

Money figures

• Legal advice and assistance: weekly disposable income £234 or less and disposable capital £1,000 or less.
• Representation in the Lower Courts: weekly disposable income £234 or less and disposable capital £3,000 or less.
• For both, the capital limit is higher if you have dependants. You may have to pay a contribution of up to £134 if your weekly disposable income is over £100.
• Representation in the Higher Courts: yearly disposable income £9,937 or less (£10,955 in a personal injury case). You are refused if your disposable capital is over £6,750 (£8,560 in a personal injury case) and you can afford to go ahead without legal aid. You may pay a contribution of up to one third of your disposable income above £3,355 a year, and up to all of your capital above £3,000.
• If you get Universal Credit, Income Support, income-based JSA, income-related ESA or the guarantee credit of Pension Credit, you qualify on income without a contribution. Your capital is still checked for advice and assistance and for the Lower Courts.
• Domestic abuse: for a non-molestation order, a forced marriage protection order, or if you are responding to a Children Order (Article 8) case brought by someone you are personally connected to who has been abusive to you, the limits can be waived if the Director thinks it fair. You may still pay a contribution.
• These limits have been in force since 1 April 2015.

Traps

• The GOV.UK legal aid checker and the Civil Legal Advice phone line are for England and Wales, not Northern Ireland.
• You cannot apply to LSANI yourself: a solicitor applies for you.
• In a criminal case, the court decides legal aid, not LSANI.
• Representation in the Higher Courts does not cover most tribunals, a Coroners Court, or libel or slander cases.
• Limits and rules from England, Wales or Scotland do not apply in Northern Ireland.