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Legal Aid
:: Getting legal aid If you need legal help, look for a solicitor that displays the Legal Aid logo somewhere in the office. The Citizens Advice Bureau keeps details of all local solicitors complying with Legal Aid. Make sure that you bring with you the details of the problem you wish to resolve and also details of how much money you have such as wage slips, pension or benefit books and details of any savings you may have. Many solicitors will see you for up to half an hour without payment and will give you advice about your case. Alternatively, ask your solicitor if your problem will qualify for Advice and Assistance. :: Civil disputes Some problems can be dealt with without going to court and therefore Advice and Assistance may be suitable. The solicitor advising you will ask what money you have received over the last week and if you have any savings. S/he will then be able to tell you if you qualify for advice and if you have to pay something towards your legal costs. If you are on Income Support or Job Seeker's Allowance you will automatically qualify but otherwise you may have to pay something towards your costs. Legal Aid will cover the whole of your solicitor's bill unless you have to pay a contribution or you get some money from your resolved dispute. The solicitor may ask you to pay his or her bill out of any money won.< Advice and Assistance does not cover your solicitor appearing in court to represent your case and if your case is going to court you might need Civil Legal Aid. Actions that qualify include divorce, accidents, custody and debt. Defamation, small claims and simplified divorces may not qualify. The Scottish Legal Aid Board will inform you of their decision and the reason(s) why. If you believe that the decision is wrong, your solicitor can help you appeal against their decision. The Scottish Legal Board will pay the costs of your own solicitor if you lose your case but you may have to pay the legal costs of the other side. However, if you qualify for Legal Aid you may not have to pay the full amount if your solicitor states to the court that your are receiving help. If the case is settled out of court and you agree to pay the other side's expenses you will then pay the cost in full. :: Being charged under the summary procedure You are eligible for funding if you meet the criteria as stated under Civil Disputes. If you are not in custody and you decide to plead guilty your solicitor may be able to appear in court or write a letter on your behalf under Advice and Assistance. If not, you will need to take care of the costs yourself or represent yourself. If you plead not guilty to one or more charges help may be available to let your solicitor to write a letter on your behalf saying that you plead as stated or you may wish to represent yourself. If there is to be a trial you will need to consult a solicitor so that you can make an application to the Scottish Legal Aid Board for criminal Legal Aid. This must be sent within fourteen days of the trial. If you are in custody you will be able to see the duty solicitor and he or she will represent you at your first hearing for which you will not be charged. If you require another solicitor you will have to pay his or her expenses yourself although you might get Advice and Assistance so that your solicitor can prepare for your court appearance. If you plead guilty the duty solicitor will represent you throughout your case, but if you plead not guilty to one or more charges you will need to make an application to the Scottish Legal Aid Board for criminal Legal Aid. To qualify for Legal Aid you must meet certain criteria such as that you and your family would suffer undue hardship if you had to meet your own costs, that it would be in the interests of justice that you should get help or whether you have a realistic defence. :: Being charged under the solumn procedure You are entitled right away to criminal Legal Aid if you are charged and brought before the sheriff. This will be until you are given bail or placed in custody. Again, you can choose your solicitor. Criminal Legal Aid is available to cover the cost of appeal. If the prosecutor makes an appeal against you you may still be able to get help to oppose this. :: Further information For further information on legal aid, Contact Us or contact the Scottish Legal Aid Society 44 Drumsheugh Gardens Edinburgh EH3 7SW Telephone: (0131) 226 7061 |
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