Legal Services Act 2011, s 8(2)
If the offence you’re charged with is a less serious one, you won’t automatically qualify for Legal Aid. However, you may still qualify if there are special factors – for example:
there’s a real likelihood you’ll be jailed if you’re convicted
you’ve got a criminal record, which could make it more likely you’ll be jailed
your case is very complicated, or there’s a significant legal question involved
you face a special barrier or disability, like difficulties with reading or writing, or a mental illness.
Note: It may be worth applying for Legal Aid if you’re a first-time offender charged with a less serious offence and you want to avoid a conviction by applying for a discharge without conviction or negotiating with the police about getting diversion.