Urgent breach support. England and Wales.
Legal Aid for Probation Breach
If you have been accused of breaching probation, a community order, or licence conditions, you should get advice urgently. Breach proceedings can move quickly and can affect liberty, bail, and future sentencing risk. Legal Aid may apply depending on circumstances.
No guarantees. Legal Aid may apply depending on circumstances.
If you have a breach warning or court date
Do not ignore breach paperwork. If probation has started enforcement action or you have been told to attend court, speak to a solicitor as soon as possible. Early advice can help you understand the allegation and prepare properly.
For bail, remand, and post-charge support, see bail, remand and post-charge support.
What breach proceedings can involve
Breach proceedings typically focus on whether you have complied with the requirements of a community order, suspended sentence order, or licence. The court will consider the allegation, any explanation, and what outcome is appropriate.
- Allegations of missed appointments or non-attendance
- Curfew or electronic monitoring issues
- Failure to complete unpaid work or programmes
- Warnings, enforcement action, and summons
- Court outcomes and possible penalties
- Evidence and documents needed for your explanation
If there is a risk of custody or a recall issue, you may also want to read Legal Aid for prison law and parole.
How Legal Aid can apply
Legal Aid may apply depending on the stage of the breach proceedings and your circumstances. A solicitor will assess eligibility and explain what funding may be available. If Legal Aid does not apply, they will explain private options so you can decide what is sensible.
Advice before the hearing
Early advice helps you understand what the allegation is, what evidence matters, and what explanation is safest to put forward. This may include structured initial advice and case planning.
Court representation
Many breach matters are dealt with in Magistrates’ Court. Representation can help you present mitigation and reduce avoidable risk. If sentencing consequences are likely, see sentencing advice and mitigation.
If Legal Aid does not apply
If Legal Aid is not available, we will explain private funding options. In some situations, targeted advice and preparation can still help protect your position.
What to do now
- 1) Do not ignore warning letters or summons paperwork.
- 2) Gather evidence: appointment records, travel issues, medical evidence, messages, and dates.
- 3) Contact us for a confidential eligibility check and a next-step plan.
If bail or conditions are affecting your day-to-day life, see Legal Aid for bail applications.
FAQs
Can I get Legal Aid for a probation breach?
Legal Aid may apply depending on the stage of the case and your circumstances. A solicitor will assess eligibility and explain what funding options may be available.
What counts as a probation breach?
A breach allegation can include missing appointments, failing to comply with requirements, breaking curfews, or not completing a programme. The details matter, and a solicitor can advise based on your paperwork.
Will I be arrested or sent to prison for a breach?
Not always, but breach proceedings can have serious consequences, including custody in some cases. Getting advice early can help you understand risk and prepare properly.
What if the breach relates to licence conditions or recall?
Licence and recall matters can be urgent. A solicitor can advise on what steps may be available, and you may also want to read our page on prison law and parole.
Do you guarantee Legal Aid or outcomes?
No. Legal Aid depends on your circumstances and the type and stage of the case. Outcomes depend on the facts, evidence, and court decisions.