We never charge privately if you qualify for Legal Aid. If you are unsure whether you qualify, contact us and we will assess your position without charge.
What is Legal Aid?
Legal Aid is public funding provided by the Scottish Legal Aid Board (SLAB) to cover the cost of legal representation for those who cannot afford to pay privately. In criminal cases in Scotland, Legal Aid is available at virtually every stage of proceedings, from the police station through to the appeal court.
Legal Aid in criminal cases in Scotland takes two main forms: Advice and Assistance (for early advice and preparation) and Criminal Legal Aid (for representation in court). Automatic Legal Aid is also available in certain circumstances, including where a person is in custody.
Am I eligible?
Eligibility for criminal Legal Aid depends on two tests: a financial test (whether you can afford to pay privately) and a test of whether it is in the interests of justice to grant Legal Aid. In most criminal cases, the interests of justice test is met automatically.
The financial test takes into account your income, capital and outgoings. Many people who assume they do not qualify are in fact eligible. If you are on certain benefits (such as Universal Credit or Income Support), you will generally qualify automatically for the financial test.
You may also be required to pay a contribution toward the cost of your defence, depending on your financial means. We will advise you clearly on this at the outset.
Automatic Legal Aid
You have the right to free legal advice and representation in the following circumstances without any means assessment:
- You are detained by police for questioning under Section 14 of the Criminal Procedure (Scotland) Act 1995
- You appear in court from custody
- You are charged with a serious offence and remanded in custody
- You are a child appearing before a children's hearing
Advice and Assistance
Advice and Assistance allows a solicitor to provide initial legal advice, write letters, and prepare documents without a court application being required. This is available to those who pass a financial eligibility test and covers advice on your rights at the police station, assistance with bail appeals, and preparation of your case in the early stages.
Criminal Legal Aid
Criminal Legal Aid covers full representation in the Sheriff Court, the High Court of Justiciary, and the Court of Criminal Appeal. An application must be made to SLAB, and the test requires that it is in the interests of justice for Legal Aid to be granted — which is almost always the case in criminal proceedings where you face a real risk of imprisonment, loss of employment, or serious harm to your reputation.
How do I apply?
Contact us as soon as possible. We will assess your eligibility, complete the application on your behalf, and liaise with SLAB throughout. There is no need for you to approach SLAB directly. We handle the entire process.
If you are at the police station, call us immediately on 0131 202 6552. You are entitled to free legal advice at that stage regardless of your means.