Criminal: Legal aid in contempt appeals: applications to us and tests applied

Section 25 of the Legal Aid (Scotland) Act 1986 on criminal legal aid for appeal proceedings also applies to legal aid for an appeal against a decision of a court in proceedings for contempt.

You should apply to us for legal aid for an appeal through Legal Aid Online.

Any appeal will normally be by one of the following:

• Bill of suspension
• Petition to the Nobile Officium of the Court of Session
• Petition to the Nobile Officium of the High Court of Justiciary

You can use the Appeals application for a Contempt appeal. You need to highlight in the application that you are applying for legal aid for contempt of court appeal proceedings and not for a criminal appeal.

Unless your client had legal aid for the contempt proceedings at first instance, we have to consider your client’s financial circumstances.  You must satisfy us that meeting the expenses of the appeal would cause your client or their dependants undue hardship.

Whether we have to consider the merits of the appeal depends on the method of appeal adopted.

If the appeal is by proceedings at common law, we have no locus to consider the merits of the appeal.

If the appeal is by petition to the Nobile Officium, or is under Section 106(1) and 175(2) of the Criminal Procedure (Scotland) Act 1995, you must satisfy us that in all the circumstances it is in the interests of justice to grant legal aid.

Where we have to consider the interests of justice, you should highlight any relevant circumstances.

We may grant legal aid for an appeal in contempt proceedings subject to your client satisfying us occasionally that it is reasonable for them to continue to receive legal aid.

We may grant legal aid for an appeal in a matter of special urgency, even if we are not satisfied that your client is financially eligible or on the merits of the appeal.  If we do grant legal aid in these circumstances, we may limit the extent of its availability.

You can apply to us for legal aid in a matter of special urgency by letter or, in extreme urgency, by telephone.

If we grant legal aid in a matter of special urgency, your client must satisfy us that they are entitled to legal aid [section 25 and section 30 of the Legal Aid (Scotland) Act 1986].  You must apply for legal aid within 14 days of the grant of legal aid in a matter of special urgency.  If you do not do so, the grant of legal aid will end automatically after 14 days, without further notice.