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Client Guide to Legal Aid in Scotland

Advice and Assistance

Advice and assistance can help with the costs of legal advice from a solicitor if you can’t afford it. This could include:

  • advice on your rights and options
  • help with negotiations and paperwork
  • help if you’re accused of a crime, for example advice at a police station

If your solicitor prepares a case and acts for you in court and you need help with the costs, you’ll need to apply for civilcriminal or Children’s Hearing legal aid.

To apply for advice and assistance you’ll need to find a solicitor that does legal aid work. They’ll talk you through your options, let you know if you can get advice and assistance and help you with the application process.

Who can get help

You’ll usually need to show that you can’t afford to pay your legal costs yourself. You may have to pay some money towards the costs of your case, or pay costs back later.

Usually you can get advice and assistance if:

  • you don’t have a large amount of disposable capital (savings, shares, property and money, but not the house you live in) you could use or sell to pay for legal help
  • you receive certain benefits, such as Income Support or Jobseeker’s Allowance
  • your weekly disposable income is less than a certain amount (this is the money you have left after deducting income tax, national insurance contributions and any maintenance payments you make)

Your partner’s (someone you live with as a couple) disposable income and capital will also be taken into account, unless you’re separated or your case involves them.

Your solicitor should tell you at the start of your case:

  • if you need to pay anything towards your legal costs (you pay this direct to your solicitor, who might let you pay in instalments)
  • whether you might have to pay out any money you keep or gain at the end of your case

 

What you might need to pay

Use the advice and assistance online estimator to see if you could get legal aid and what you may need to pay.

Remember that even if you can get advice and assistance, you may have to pay costs back later if you keep or gain money or property.

If you get benefits

You might qualify for advice and assistance if you get:

‘Income-based’ is a type of benefit you get because you’re on a low income.

If you have savings

If your capital (savings and anything you own that’s valuable – not your home) are worth less than £1,716 on the day you apply, you may be able to get advice and assistance (depending on your disposable income).

If your capital is worth more than £1,716, you won’t be eligible for advice and assistance.

Find other ways to get legal help.

Your disposable income

Your solicitor will also look at your disposable income to check that you need help with your legal costs. This depends on if you’re single, live with a partner or have children.

The maximum you’ll need to pay for advice and assistance is £135.

These figures are examples to show if you’re likely to get advice and assistance. Your legal costs could be cheaper than this, depending on your case.

Warning

If your situation doesn’t fit in with these examples, speak to a solicitor or SLAB to find out if you’re eligible, the likely cost of your case and what you might need to pay.

If you’re not eligible

If you can’t get advice and assistance, there might be other ways to get help with your legal problem – some could be cheaper or free.

Remember, if you don’t qualify for advice and assistance you may still qualify for civilcriminal or Children’s Hearing legal aid.

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Civil Legal Aid

Civil legal aid could help with the costs of using a solicitor to prepare a case and speak for you in court. Examples of civil cases include:

  • divorce, ending a civil partnership and disputes about children
  • trying to get compensation for injuries after an accident or for medical negligence
  • housing – for example, rent or mortgage arrears, repairs and evictions
  • problems with debt or benefits
  • immigration, nationality and asylum

If you’re just looking for legal advice and need help with the costs, you would apply for ‘advice and assistance‘.

To apply for civil legal aid you’ll need to find a solicitor that does legal aid work. They’ll talk you through your options, let you know if it’s likely you’ll get civil legal aid and help you with the application process.

Who can get help

You’ll usually need to show that you can’t afford to pay for your legal costs yourself. You may have to pay some money towards the costs of your case, or pay costs back later. You may not need to pay anything at all, depending on your financial position and the type of legal help you need.

Your solicitor can tell you if it’s likely you’ll get civil legal aid. However, it’s the Scottish Legal Aid Board (SLAB) who will assess your application and tell you what you’ll pay towards your legal costs.

Your solicitor will give you some forms to fill in and they’ll send these to SLAB on your behalf. SLAB will check:

  • your financial situation – can you afford your legal costs without help from SLAB?
  • you have ‘probable cause’ – is there a legal basis to take your case forward?
  • it’s reasonable to spend public money to support your case – is it likely to succeed, and will it cost more than it’s worth?
  • help isn’t available to you from somewhere else – is there a trade union or insurance company that could help you, and have you tried to settle your case without going to court?

When SLAB checks your financial situation they’ll look at you and your partner’s (unless you’re separated or your case involves them):

  • disposable capital (savings, shares, property and money you could use or sell to pay for legal help – this doesn’t include the house you live in)
  • disposable income (this is the money you have left after paying all your living expenses, like your rent/mortgage, council tax, childcare costs, debt repayments and your travel to work)

 

What you might need to pay

Use the civil legal aid estimator to see if you could get civil legal aid and what you might need to pay.

Remember that SLAB will also look at how strong your case is, and you may have to pay costs back later if you keep or gain money or property.

If you get benefits

You won’t need to pay anything towards your legal costs if you get:

‘Income-based’ is a type of benefit you get because you’re on a low income.

If you have savings

You may have to pay a lump sum towards your legal costs if you have capital (savings, shares and property) worth over £7,853. If you have capital worth over £13,017 you may not be eligible for civil legal aid, unless it appears to SLAB you can’t afford to proceed without legal aid.

For example, if your disposable capital is worth between £7,853 and £13,017, deduct £7,853. This is the amount your lump sum will be.

Your disposable income

Your solicitor will also look at your disposable income to check that you need help with your legal costs. This depends on if you’re single, live with a partner or have children.

Your legal costs will depend on your case.

Warning

You can speak to a solicitor or SLAB to find out if you’re eligible, how much your case is likely to cost and what you might need to pay.

If you’re not eligible

If you can’t get civil legal aid, there might be other ways to get help with your legal problem – some could be cheaper or free.

Remember, if you don’t qualify for civil legal aid you may still qualify for advice and assistance.

Children’s Hearings

Children’s Hearing is a legal meeting to decide what’s best for a child or young person who has a problem, such as:

  • they’re not being looked after properly
  • they’ve been in trouble with the police

You might be asked to go to a Children’s Hearing so you can talk about your problem (or the person you look after’s problem) and get help to sort it out.

If a decision can’t be made at the Children’s Hearing, the case will go to court so a sheriff can review the case. This is called a Children’s Hearing court case.

Children’s legal aid can help with the costs of using a solicitor for:

  • legal advice about a Children’s Hearing (this is called ‘advice and assistance)’ – for example, a solicitor can tell you what to expect, what decisions can be made and how to appeal
  • representation at a Children’s Hearing (this is called ‘advice by the way of representation’)
  • representation at a Children’s Hearing court case (this is called ‘legal aid’) 

Most children don’t need to pay for legal aid, but your solicitor can tell you more about if you can get help with legal costs and if you’ll need to pay anything. There is also a Children’s Hearing online estimator on the Scottish Legal Aid Board website.

Criminal Legal Aid

If you’ve been charged with a criminal offence, legal aid can help with the costs of legal advice from a solicitor or representation at court.

Criminal legal aid is usually granted if:

  • you’re likely to go to prison if convicted
  • you’re likely to lose your job if convicted
  • you can’t follow what’s happening in the trial because of a mental or physical disability or English isn’t your first language
  • you’re being kept in custody until a trial
  • you want to appeal against a decision a criminal court made about you
  • you’ve been charged with a serious offence on petition under solemn procedure (this means it’s likely there will be a trial with a jury)

If your case involves a minor offence such as a motoring offence, it’s not likely you’ll get help with legal costs.

You’ll also have to show that you can’t afford to pay your legal costs yourself, or that paying them would be unfair to you or your family.

Your solicitor (or a duty solicitor if you’re in custody) can tell you it’s likely you’ll get help with legal costs, what you need to pay and how to apply.

Children’s Hearings

How to apply

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Once you’ve looked at all your options for getting help to solve your legal problem, you can apply for legal aid by:

  • finding a legal aid solicitor near you using the Scottish Legal Aid Board’s (SLAB) solicitor finder tool – this may be a solicitor working in a private practice, a law centre or other advice agency, or in a Civil Legal Assistance Office
  • meeting with your chosen solicitor to discuss your legal problems – they’ll advise you what kind of legal aid you can get and apply to SLAB on your behalf

Some solicitors offer a first appointment for free. You should ask about the cost when you arrange your first appointment. Your local Citizens Advice Bureau might have a list of solicitors in your area who offer free or discounted first appointments.

What to take to your solicitor appointment

Check with the solicitor before your appointment so you know exactly what to take with you.

You may need to take along information about the following for both yourself and your partner (unless you’re separated or they are the person you have a legal problem with):

  • your most recent bank statements showing your income and capital or savings
  • recent wage slips, or accounts if you’re self-employed
  • pension payment advice from an ex-employer or your pension or benefit book
  • current benefit award letters or notifications
  • details of all savings or accounts – bank/building society/post office statement or passbooks

 

If you need legal advice

If you’re needing legal advice from a solicitor (for example, to help with negotiations or give you advice on your rights and options) you apply to a legal aid solicitor.

Your solicitor will give you an application form to complete that asks about your savings and income over the past 7 days. They’ll tell you right away if you can get ‘advice and assistance‘ and if you need to pay anything towards the costs.

If you need representation at court

If legal advice and assistance doesn’t solve your problem, you may need to apply for legal aid to help with the costs of your case (civilcriminal or Children’s Hearing) going to court.

There’s a separate application process for applying for legal aid for going to court, and SLAB will look at different parts of your situation to decide if you need help with legal costs. Your solicitor will talk through your options with you and help you apply.

Applying to the Scottish Legal Aid Board

Your solicitor will give you a form to complete that includes details of your income and savings. They’ll then send the form to SLAB to assess your application.

Warning

It’s important you read the guidance carefully and provide the relevant documents it asks you for (like proof of your address and your income). If you don’t, your application could be delayed or refused.

If you’re granted legal aid, SLAB will tell you if you need to pay anything towards the costs.

If you have questions about filling out the form or the types of documents it asks you for, ask your solicitor or contact SLAB.

The Scottish Legal Aid Board
Phone: 0131 226 7061
Email: general@slab.org.uk

SLAB can’t give you legal advice. They can only give information on applying for legal aid. If you want advice specific to your case you’ll need to speak to your solicitor.

Getting legal aid in an emergency

You can get emergency help from a solicitor if you need urgent representation in court – for example, to keep you and your children safe from domestic abuse.

However, you may need to pay for this later on and you’ll still need to apply for legal aid in the normal way for any ongoing work.

Don’t ask your solicitor to do anything while you’re waiting for SLAB to assess your application. Legal aid won’t cover the costs of any work done before it was granted, unless your solicitor has been able to secure funding to carry out the urgent steps for you.

Changing solicitor

You must have a good reason if you want to change solicitor after you’re granted legal aid, such as:

  • you’re moving away from the area your solicitor works
  • your solicitor is ill or has died
  • your solicitor decides to stop acting for you

 

If SLAB decide it’s reasonable for you to change solicitor, your case will be paused until you find a new legal aid solicitor to act for you.

If you get legal aid, you may have to pay something towards your legal costs if:

  • your income, savings and other capital (items of value that you own) are above a certain level (this is called a ‘contribution’)
  • you keep or gain money or property at the end of your case (this is called ‘clawback’)
  • you lose your case (you might have to pay your opponent’s costs)

Your solicitor will tell you about the potential costs you might need to pay at the start of your case.

In most criminal cases, you won’t need to pay anything towards the cost of your case. Your solicitor will tell you about the exceptions to this, when you may need to pay something direct to them.

Making payments towards the cost of legal advice

If you need legal advice from a solicitor (advice and assistance), they should tell you at the start of your case:

  • if you need to pay anything towards your legal costs (you pay contributions direct to your solicitor, who might let you pay in instalments)
  • whether you might have to pay out any money you keep or gain

 

Making payments towards the cost of representation at court

If you’re applying for legal aid (help with the costs of representation at court) your solicitor will tell you if it’s likely you’ll have to pay anything. But it’s the Scottish Legal Aid Board (SLAB) who will tell you:

  • if you need to pay anything towards your legal costs (you pay contributions to SLAB)
  • how long you can take to pay

Normally payments are made in instalments. If you need to pay out of savings, you’ll pay it in a lump sum.

You don’t usually pay anything towards your legal costs if you’ve been granted criminal legal aid. However, you may need to pay a contribution towards the cost of getting legal advice.

Refunds

You may get some of your contribution back if:

  • the case costs less than you have paid
  • SLAB get back some of the costs from your opponent
  • your circumstances change

 

If you lose the case

If you lose the case, you may be asked to pay some or all of your opponent’s costs. Legal aid won’t cover this, but because you are getting legal aid you can ask the court to reduce the amount you have to pay.

If you can’t afford your payments

If you’re worried you can’t afford your payments, get in touch with your solicitor or SLAB as soon as you can. It may be possible to reach an agreement to pay instalments which are affordable to you.

Warning

If you don’t make your payments or change your mind about legal aid, your solicitor will stop working for you under legal aid. You may have to pay whatever work the solicitor has done for you so far.

If your financial situation changes

You must tell SLAB and your solicitor if your financial situation changes. This is because changes may affect whether you have to pay and, if so, how much.

For example, a change in your income or outgoings could mean that:

  • you must start making monthly payments
  • your monthly payments rise or fall

 

If you keep or gain money or property

If you keep or gain money or property at the end of your case, you may have to pay some or all of your legal costs. This is called ‘clawback’.

Your solicitor will:

  • tell you at the start of the case whether clawback could apply
  • keep you informed of any changes in your case that could affect this
  • tell you how much you may have to pay

 

You’ll only need to pay enough to cover the difference between the cost of the case and:

  • any expenses your opponent has paid
  • any payments you have made

 

If you keep or win your home

If you keep or win your home at the end of your case, you won’t need to sell it to pay clawback. You’ll either:

  • pay clawback in instalments
  • delay paying clawback until you sell your house in the future

 

If your application for legal aid isn’t successful or you don’t want to pay towards the costs of legal aid, you have other options.

For example:

 

Even if you think you’ll need to pay for legal advice or representation at court from a private solicitor, getting free advice could be a good way to talk through your options first.

You could try:

 

Or a law centre, they have solicitors and other advisers who can give you free legal advice.

Financial Eligibility for Criminal Legal Aid
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Applying for Legal Aid - the Legal Aid process

To be granted Criminal Legal Aid in any case, the Scottish Legal Aid Board will require written vouching of an accused person’s financial position. 

They will require a benefits letter, wage slip, and accounts if self-employed. A copy of a person’s most recent bank statement will also be needed. 

All documentation requires to be recent and taken to a solicitor at the first meeting. A detailed list of weekly/monthly outgoings is also needed. Details of a partner’s income will be required. In addition, a note of a person’s national insurance number is needed. 

All of this information requires to be sent to The Scottish Legal Aid Board within 14 days of the first time the case calls in court.

A Guide to Criminal Legal Aid in Scotland

Will I qualify for legal aid?

The test regarding whether a person qualifies for legal aid has two elements:

  1. A means test or financial eligibility test. This is based on the accused person’s income.
  2. An interests of justice test. This takes into account the seriousness of the offence and the capability of the person charged to deal with their own legal affairs.

Criminal Legal aid will very often be available even if a person is working and earning a reasonable salary.

YOUR QUESTIONS ANSWERED

Criminal Defence FAQs

If you are arrested or detained for a crime in Scotland, the police must inform you of your rights, such as the right to legal representation. You will be taken to a police station, where you may be detained for up to 12 hours without charge. After this time, you must either be charged or released, or the period extended. If charged, you may be held in custody for up to 24 hours before being brought before a court. The court will then decide whether to grant bail or remand you in custody until your trial.

Yes, in Scotland, being released on an undertaking is similar to being released on bail. Undertakings can be issued to individuals who have been arrested or charged, specifying a date and time to appear in court. A bail undertaking typically involves being charged with a crime and then released with a promise to attend a hearing. Both bail and undertakings come with certain conditions that must be met, such as attending all court dates and not committing any further offences. However, breaching bail or undertaking conditions can lead to prosecution and a prison sentence of up to twelve months.

Yes, if you are in police custody in Scotland, you have the right to free legal advice from a solicitor. This advice is available over the phone or at the police station. You should be informed about this right before being questioned, and the police must wait for the solicitor to arrive before questioning begins. However, if you do not want a solicitor present during questioning, you can waive this right, although it is not recommended. If you are under 18 or a vulnerable adult, you must have a solicitor present during questioning.

If your case goes to court, the Procurator Fiscal will decide which court it will be heard in. The court will review the evidence and then make a decision based on the facts of the case and the relevant law. If you are found guilty, you may face penalties such as fines, community service, or imprisonment. If you are found not guilty, you will be acquitted of the charges, and your case will be closed. It is important to seek legal advice and representation if you are facing criminal charges in Scotland.