When to make an application for automatic criminal legal aid, solemn and summary criminal legal aid and an appeal case

Criminal legal aid is only automatically available to your client in the situations listed in section 22 of the Legal Aid (Scotland) Act 1986.

In all other cases you must apply to us for legal aid.

Automatic criminal legal aid ceases in solemn proceedings once the accused is admitted to bail or committed until liberated in due course of law, unless an earlier application for legal aid has been determined.

At this stage, you should apply for legal aid.

In summary proceedings, automatic criminal legal aid ceases when an accused appearing from custody or on an undertaking to appear, tenders a plea of not guilty.

At this stage, you should apply for legal aid or provide ABWOR in connection with any further work.

You should apply to us for criminal legal aid. There is no time limit for applying but there will be a gap in cover from when automatic legal aid ceases and any grant of solemn legal aid.

You should apply to us for criminal legal aid.

The court has a limited power [section 23(1)(b) of The Legal Aid (Scotland) Act 1986] to grant criminal legal aid in a summary case where your client has been convicted in summary proceedings and the court is considering whether to impose a custodial sentence but has not previously been sentenced to imprisonment or detention.