Availability of legal aid in solemn criminal proceedings

Automatic legal aid is available in cases under solemn procedure until either:

  • We determine an application for legal aid
  • Your client is bailed or fully committed

In prosecutions brought under solemn procedure, you apply to us for legal aid.

Before we can grant legal aid we must be satisfied that:

  • After considering your client’s financial circumstances, that the expenses of the case cannot be met without undue hardship to them or their dependants.

Your client can apply to us to review our decision where we refuse an application

You apply to the court for legal aid for proceedings for contempt of court arising in the course of solemn proceedings [section 30(1) of the Legal Aid (Scotland) Act 1986].

Legal Aid Online applications for solemn legal aid

In this section

Applications in solemn proceedings

Legal Aid Online applications for solemn legal aid

Find out the information we require and how you must apply for legal aid in solemn proceedings.

Applications in solemn proceedings

Limited availability if your client has other rights and facilities

Find out about the availability of solemn legal aid when your client has other rights and facilities available to pay for representation.

Applications in solemn proceedings

Assessment of undue hardship in solemn proceedings

Find out about the undue hardship test, the evidence you need to provide about your client’s finances and how we must assess this.

Applications in solemn proceedings

Special urgency and solemn legal aid

Learn about when we are able to make special urgency cover available in solemn proceedings and our requirements.

Applications in solemn proceedings

Procedure for review of our decision to refuse legal aid

Find out how you can apply for a review of a refusal of a solemn legal aid application and how to submit a fresh application.