Undue hardship test in solemn criminal legal aid applications

We must be satisfied that after consideration of the financial circumstances of your client, the expenses of the case cannot be met without undue hardship to your client or their dependants (Section 23A of the Legal Aid (Scotland) Act 1986).

In applying this test, we must receive full information about the client’s own financial situation and the case against them.

Unlike advice and assistance, we do not combine your client and their spouse or partner’s finances in the financial assessment, but we do use the information to share the cost of outgoings where the spouse or partner is in receipt of income above the current limit.

Assessing disposable income in solemn proceedings
Assessing disposable capital

In this section

Financial eligibility for solemn criminal legal aid

Assessing disposable income in solemn proceedings

Find out how we assess disposable income and what outgoings can be included.

Financial eligibility for solemn criminal legal aid

Assessing disposable capital

Find out what we consider when assessing disposable capital and what we include and exclude in our calculations.

Financial eligibility for solemn criminal legal aid

Changes in financial circumstances

Find out the standard conditions attached to grants of legal aid and our power to terminate if your client's finances change.