Legal Aid

I can’t afford to pay for a solicitor. What can I do?

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Legal Aid is available for advice and assistance and representation in court for:

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• Civil cases
• Children’s Hearings
• Criminal cases

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You will need to show that you can’t afford to pay for legal help.  This will include an assessment of your:

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• Savings
• Disposable income
• Benefits

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Can I access legal aid for a criminal case?

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Yes. If you are unable to afford a solicitor, Legal Aid is available for criminal cases. However, it is usually only granted in certain circumstances:

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• You're likely to go to prison if convicted
• You're likely to lose your job if convicted
• You can't follow what's happening in the trial because of a mental or physical disability or English isn't your first language
• You're being kept in custody until a trial
• You want to appeal against a decision a criminal court made about you
• You've been charged with a serious offence on petition under solemn procedure (this means it's likely there will be a trial with a jury)

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You'll also have to show that you can't afford to pay your legal costs yourself, or that paying them would be unfair to you or your family.

Source: mygov.scot

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Can I access legal aid for a Children’s Hearing?

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Yes. If you are unable to afford a solicitor, Legal Aid is available for:

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• Legal advice about a Children's Hearing (this is called 'advice and assistance)' – for example, a solicitor can tell you what to expect, what decisions can be made and how to appeal
• Representation at a Children's Hearing (this is called 'advice by the way of representation')
• Representation at a Children's Hearing court case (this is called 'legal aid')

Source: mygov.scot

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Help and advice

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There are a range of organisations in Scotland that provide free legal advice. Some examples include:

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• Castlemilk Law and Money Advice Centre
• Clan Childlaw
• Fife Law Centre
• Govan Law Centre
• Legal Services Agency
• Scottish Child Law Centre

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The Scottish Guide to Pro Bono and Other Free Advice explains the full range of free legal advice available in Scotland.