Legal Aid in Scotland

Home » Criminal Defence Strategy » Legal Aid in Scotland

Get in touch today

Call us now on

John Kilcoyne Solicitors are registered with the Scottish Legal Aid Board to provide Legal Aid. There are various different types of legal aid dependent on the type of criminal case.

It is common applicants qualify for criminal legal aid, where initially they were of the view they would not be eligible. Some people working and earning a reasonable salary can qualify for legal aid.

We are happy to assess your eligibility for legal aid and we can apply on your behalf. There is a financial eligibility test and an interests of justice test. In most cases, you require financial vouching of your income and a bank statement.

In summary criminal legal aid, there is a difference in eligibility depending on whether you plead guilty or not guilty, at the beginning of the case. If you plead guilty at the beginning of the case the legal aid is called ABWOR. If you earn more than £245 per week you are generally not entitled to ABWOR. (consideration is however given if you support a partner and any children you have). Your general expenses are not taken into account.
You may have to pay a contribution to your legal aid up to £145. If you have more capital (money in bank) than £1716 will will not qualify for ABWOR legal aid.

Summary Legal Aid applies if you plead not guilty at the beginning of the case. You can have a higher weekly wage than £245 per week and be eligible. Summary legal aid takes into account all your expenses. Your mortgage, rent , council tax, car loans, car insurance, loans, credit card payments, child care, etc. If you qualify for summary legal aid there is no financial contribution. The capital level of £1716 (money in bank) also applies as with ABWOR. Generally speaking, if you earn more than £450 per week, it’s unlikely you will be eligible. The higher your expenses each week, the more likely you will be eligible.

For Serious Solemn cases at Sheriff and Jury and High court level the financial tests still apply. Capital is also taken into account. It can be argued due to the seriousness of the case and higher costs for the applicant, legal aid should be made available.

We make legal aid also available for CRIMINAL APPEALS and PROCEEDS OF CRIME CASES.

Please do not hesitate to contact us to discuss your eligibility for Legal Aid.