Availability of legal aid in appeals for a client with other rights or facilities to assist with legal costs

We must also be satisfied [regulation 10 of the Criminal Legal Aid (Scotland) Regulations 1996] that your client does not have available to them:

  • Other rights and facilities making it unnecessary for them to obtain legal aid.
  • A reasonable expectation of receiving financial or other help from a body of which they are a member.

It is important that you always discuss this possibility with your client before applying for legal aid.

If we are not satisfied on these matters, we must refuse legal aid unless there is a special reason. If we are prepared to make legal aid available regardless of this support, the client may be asked to give us a written undertaking to pay us any sum received from the body of which they are a member.

We would, for example, expect to be satisfied in a Road Traffic Act case that the client does not have a right to assistance:

  • In terms of their motor insurance policy.
  • By virtue of their membership of a motoring organisation.
  • From their employer, if the offence arose while using the employer’s vehicle.
Information on assessing a client’s disposable capital where financial test to be applied in a criminal appeal application
Timing issues: when to apply for legal aid for a criminal appeal

In this section

Criminal legal aid applications for appeals

General availability of criminal legal aid for appeals and status as distinct proceedings

Find out when and how to apply for criminal legal aid for an appeal.

Criminal legal aid applications for appeals

Choosing the right legal aid declaration form for criminal appeals

Find out which declaration form to use for criminal appeals depending on whether or not your client was in receipt of legal aid for the original proceedings.

Criminal legal aid applications for appeals

Supporting documentation you should provide in a legal aid application for a criminal appeal

Read a summary of what supporting documentation is needed for an application for criminal legal aid for an appeal.

Criminal legal aid applications for appeals

Availability of special urgency for criminal appeals

Learn about how to apply for and use special urgency in criminal appeals.

Criminal legal aid applications for appeals

Appeal applications where financial eligibility test to be applied and information on assessing a client’s disposable income

Find out what information we need on your client’s income and how we apply the financial test on disposable income.

Criminal legal aid applications for appeals

Information on assessing a client’s disposable capital where financial test to be applied in a criminal appeal application

Find out what information we need on your client’s capital and how we apply the financial test.

Criminal legal aid applications for appeals

Timing issues: when to apply for legal aid for a criminal appeal

Find out when to apply for legal aid in a criminal appeal, Regulation 15 and what to do if leave to appeal is required from the court.

Criminal legal aid applications for appeals

Criminal legal aid for late appeals

Learn how to apply for a late appeal and how advice and assistance can be used to cover the early stages of this work.

Criminal legal aid applications for appeals

Legal aid application for an appeal where leave to appeal is not required

Learn about the process for making an application for legal aid for an appeal other than under sections 106(1) or 175(2) and the interests of justice test to be

Criminal legal aid applications for appeals

Review of our refusal to grant legal aid for a criminal appeal

Find out whether you can review our refusal of legal aid for an appeal.

Criminal legal aid applications for appeals

Criminal legal aid and a Crown appeal: is a separate legal aid application required?

Find out how to make an application for criminal legal aid for an appeal where there is a Crown appeal.

Criminal legal aid applications for appeals

Availability of legal aid and tests you should address in an application for legal aid for an appeal to the UK Supreme Court

Find out how to apply for criminal legal aid for an appeal to the UK Supreme Court and what tests apply we must apply.

Criminal legal aid applications for appeals

Power of the High Court to determine interests of justice test in appeal applications

Learn about the power the High Court has to overturn our decision to refuse a legal aid application for an appeal based on the interests of justice test.

Criminal legal aid applications for appeals

Legal aid for an appeal by a person convicted of an offence who has since died Criminal legal aid for appeals in Scottish Criminal Cases Review Commission cases

Find out how legal aid can be made available where the client dies.

Criminal legal aid applications for appeals

Criminal Legal Assistance Procedures for the Sheriff Appeal Court

Guidance on all appeals against conviction, sentence, other disposal or acquittal in summary procedure cases being heard by the Sheriff Appeal Court

Criminal legal aid applications for appeals

Criminal legal aid for appeals in Scottish Criminal Cases Review Commission cases

Find out whether you can review our refusal of legal aid for an appeal.