Legal aid
Worried about the cost of a lawyer? Criminal legal aid helps eligible people get representation. Here's how it works and how to apply.
This guide is general information, not legal advice about your situation - every case turns on its own facts.
What legal aid covers
Criminal legal aid is government funding that pays for a lawyer to represent you. It's generally available where the charge is serious enough (broadly, where there's a real risk of imprisonment) and you meet the financial test.
Eligibility and the financial test
Eligibility turns on the seriousness of the charge and your income and assets. The thresholds are set in regulations and change over time, so it's best to apply and have it assessed rather than assume you won't qualify.
The duty lawyer
If you're at court without your own lawyer, the free duty lawyer can help at your first appearance - explaining the charge, getting disclosure, and advising on plea and bail. There's no means test to use the duty lawyer.
Repayment and how to apply
Criminal legal aid may need to be repaid depending on your income and assets. Apply as soon as you're charged - don't wait for your first court date. A lawyer, the court registry or Legal Aid Services (Ministry of Justice) can help.
Frequently asked questions
Do I qualify for legal aid?
It depends on the seriousness of your charge and your income and assets. Many people who are charged with imprisonable offences qualify - the best approach is to apply and have it assessed.
What is a duty lawyer?
A free lawyer at the District Court who can help at your first appearance if you don't yet have your own lawyer. There's no means test to use the duty lawyer.
Do I have to pay legal aid back?
Sometimes. Criminal legal aid may have to be repaid depending on your income and assets. It's still a valuable way to make sure you're represented.
When should I apply?
As soon as you're charged - don't wait for your first court date. Applying early means you're more likely to have representation in place when you need it.
Need advice on your situation?
Every case is different. Call for a confidential, no-obligation discussion.