Legal Aid vs. Private Criminal Defence: Understanding the Difference

When facing a criminal investigation or prosecution, the type of legal representation you choose can have a real impact on your experience—and potentially, the outcome. While Legal Aid remains an important public service, there are key differences between Legal Aid and privately funded criminal defence, particularly when it comes to continuity, availability, and the depth of support provided.

At Kelly Blake Legal, we do not undertake Legal Aid work. This is a deliberate decision to ensure that we maintain the highest level of attention, time, and service for clients who instruct us privately. Those who come to us expect a certain standard of representation, and we are committed to meeting that consistently.

Legal Aid Solicitors: A pressured system with limited resources

Many Legal Aid firms work under significant pressure due to longstanding government underfunding in the criminal justice system. As a result:

• Free police station representation – The Legal Aid advice and assistance scheme at the police station provides advice during police interviews at no cost, but there is often little continuity of care once the interview has concluded. This can lead to difficulties with matters such as renegotiating bail conditions, pre-charge engagement, or follow-up support—stages where strategic input can be crucial.

• Caseloads are high – Solicitors may be managing large volumes of files, limiting the time they can spend on each individual case.

• Police Interviews are likely dealt with by non-solicitors – Police station attendance is often conducted by accredited representatives rather than qualified solicitors.

• Ongoing support may be minimal – Once the police interview stage is complete, some clients find it difficult to access detailed follow-up advice or case development.

This structure, while designed to serve as many people as possible, does not always allow for the tailored, in-depth approach some cases require; particularly when serious allegations are involved or when reputational concerns are at stake.

Private Criminal Defence: A focused, individual approach

At Kelly Blake Legal, we work exclusively with private clients. This allows us to provide:

• A single point of contact – Every client is advised and represented throughout by a qualified, experienced solicitor who remains involved from the outset to conclusion.

• Detailed case preparation – We dedicate time to thoroughly examine evidence, anticipate developments, and construct a defence that reflects your individual circumstances.

• Continued support – Legal advice and representation doesn’t stop after the first appointment. We stay engaged throughout, ensuring you're never left uncertain about what comes next.

• Confidentiality and discretion – For clients with professional obligations or reputational concerns, we maintain a discreet and considered approach to every matter.

• Tailored strategy – No two cases are the same. We take the time to understand your situation and advise accordingly, without the pressure of meeting funding restrictions.

Choose carefully – There may not be a second chance

We frequently receive enquiries from individuals—and often their families—seeking private representation after experiencing poor outcomes or communication with a previous firm. Unfortunately, we do not take on appeals. For that reason, we encourage anyone seeking legal support to thoroughly research their options and make an informed decision from the outset. The solicitor you choose at the beginning may shape the course of your entire case.

Making the right choice for your case

While Legal Aid serves an important role, it’s important to understand its limitations. For those who value continuity, a high level of service, and solicitor-led representation throughout, private representation is often the more appropriate route.

Criminal proceedings can be complex and stressful. Having consistent, accessible legal support from someone who understands your case in detail can make a substantial difference to both the process and the outcome.

If you're under investigation or need advice about a criminal matter, consider carefully who you instruct. The right representation at an early stage can help you move forward with clarity and confidence.