§ Legal Aid
Legal Aid.
Know your options.
John Pryde & Company SSC are registered with the Scottish Legal Aid Board and are proud to provide legal assistance to all those who qualify. If you are unsure whether you qualify, call us. The consultation is free.
§ Types of Legal Aid
Four routes
to funding.
I
Advice and Assistance
Initial legal advice provided by your solicitor without court representation. Covers advice on your legal position, writing letters, and preparing documents. No means test is applied at the police station under the Criminal Advice and Assistance scheme. Available immediately on request.
II
Assistance by Way of Representation
Known as ABWOR, this covers representation in certain proceedings including summary criminal cases and Children's Hearings. It extends Advice and Assistance to include appearing in court on your behalf. Your solicitor applies for ABWOR once it becomes clear that representation will be required.
III
Criminal Legal Aid
Full Legal Aid for court proceedings, covering all costs of your defence including your solicitor's fees, counsel's fees in the High Court, and outlays. Available for solemn procedure (Sheriff Court and High Court) and, in certain circumstances, summary proceedings. Subject to means and interests of justice tests.
IV
Duty Solicitor
Free legal advice available to anyone arrested or detained by the police, and to those appearing at court without a solicitor. Available regardless of your financial circumstances. You do not need to pass a means test to access the duty solicitor at the police station. We provide duty solicitor cover across Edinburgh and the Lothians.
§ Eligibility
Do I qualify?
The Scottish Legal Aid Board applies a means test to assess eligibility. Your financial circumstances are assessed against set thresholds. Being in full-time employment does not automatically disqualify you.
The means test looks at your disposable income and capital. Disposable income is your income after tax, National Insurance, housing costs, and certain other allowances are deducted. Your partner's income and capital are also taken into account unless you are in conflict with them in the case.
For Criminal Legal Aid in solemn proceedings, an interests of justice test also applies. This considers the seriousness of the offence, the complexity of the case, and whether you would be likely to lose your liberty if convicted, among other factors.
What is assessed
- Gross income from all sources
- Income tax and National Insurance contributions
- Housing and accommodation costs
- Dependants and childcare commitments
- Capital including savings and property (excluding primary home in most cases)
- Partner's income and capital where relevant
You may still qualify if
- You are in full-time employment
- You own your own home
- You have some savings
- You were previously refused Legal Aid elsewhere
§ Fixed Fees
What if I
don't qualify?
If you do not qualify for Legal Aid, we offer a competitive fixed fee structure for all summary criminal cases. You know the cost of your defence before we begin. No hourly rate. No surprise charges.
What fixed fees cover
- Initial consultation and advice
- Review of all prosecution evidence
- Preparation of your defence
- All court appearances in summary proceedings
- Correspondence with the Crown Office and Procurator Fiscal
- Plea negotiations where appropriate
- Mitigation at sentence if required
Fixed fees are agreed at the outset of your case. For solemn proceedings and High Court matters, fees are discussed and agreed at the point of instruction. Call us to discuss your case and we will provide a clear cost estimate before any obligation arises.
§ Common Questions
Questions answered.
How do I apply for Legal Aid?
You do not apply directly. Your solicitor applies to the Scottish Legal Aid Board on your behalf. We handle the application as part of our service. At your first consultation we assess your likely eligibility and, if you qualify, submit the application promptly. In many criminal cases the initial Advice and Assistance is granted immediately at the police station or court.
I am in full-time employment. Can I still qualify?
Yes. Being in full-time employment does not automatically disqualify you from Legal Aid. The means test assesses your disposable income after deductions including tax, National Insurance, housing costs, and allowances for dependants. Many people in employment fall within the eligibility thresholds. We will advise you at your first consultation, at no charge.
What does Legal Aid actually cover?
Criminal Legal Aid covers your solicitor's fees, court expenses, and in High Court cases the fees of counsel instructed on your behalf. It covers all stages of the case from first appearance through to verdict. It does not cover fines or financial penalties imposed by the court, or civil proceedings that run alongside your criminal case.
What happens if I am arrested or brought to court without a solicitor?
You are entitled to free legal advice from a duty solicitor at the police station, regardless of your financial circumstances. At court, a duty solicitor is also available to those who appear without representation. You do not need to pass a means test to access this service. Call us immediately on 0131 220 2160 if you or someone you know has been arrested.
Will Legal Aid affect the quality of my representation?
No. The solicitor who takes your matter and the level of preparation we apply are identical whether your case is funded by Legal Aid or by a fixed fee. Legal Aid is a funding mechanism, not a tier of service. Every client receives the same standard of advice and representation.
What if my circumstances change during the case?
You are required to notify the Scottish Legal Aid Board if your financial circumstances change materially during the course of proceedings. We will advise you of this obligation when your Legal Aid is granted. If your circumstances improve and you no longer qualify, alternative funding arrangements can be discussed with us at that stage.
§ Contact
Discuss your
eligibility now.
Address
1A Grindlay Street Court
Edinburgh EH3 9AR