Legal Aid
Criminal Legal Aid
Legal Aid is met through public funds. Applications for Legal Aid are administered by the Scottish Legal Aid Board (SLAB), based in Edinburgh.
Will I Qualify for Legal Aid?
- The interests of justice
- The applicant's financial position
Interests of Justice
Financial position
In terms of financial position, any application for Legal Aid must be supported by information about an applicant's income and expenditure; usually, a recent bank statement is sufficient. It is for the solicitor to complete the application on the basis of the information you provide.
If I am working, will I get Legal Aid?
Do not assume that if you are working, you will not qualify for Legal Aid. If you are in employment, you may still be eligible for funding, depending on the overall picture presented by your finances; the Scottish Legal Aid Board will take into account your family circumstances, housing costs, tax credits, debts and other factors.
Can I get Legal Aid if I want to plead Guilty?
Legal Aid can be made available even where a person wishes to plead guilty to a charge at an early stage in the case. In this situation you may qualify for 'Advice By Way Of Representation' (ABWOR). Under this scheme, you can engage a solicitor to represent you in Court who will be paid by the Scottish Legal Aid Board.
Civil Legal Aid
Examples of civil cases:
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divorce and other matters affecting families and children
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trying to get compensation for injuries after an accident or for medical negligence
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housing matters such as rent or mortgage arrears, repairs and eviction
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debt and welfare rights
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matters relating to immigration, nationality and asylum
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adults with incapacity - guardianship and intervention orders
Advice and assistance
- Advise you on whether you have a legal case to take forward
- Try to negotiate with the other party to settle it
- Advise you whether to apply for legal aid to take the matter to court
- Write letters for you or get medical or expert reports.
- Apply on your behalf for civil legal aid
Civil legal aid
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