SCOTTISH LEGAL AID BOARD

Like the Legal Services Commission in England and Wales, Scotland too benefits from a legal aid service, the Scottish Legal Aid Board. The Scottish and the English and Welsh services share the same common goals – to help protect people’s basic rights to a fair hearing, legal advice, and access to court services. In the 2006-2007 tax year, the Scottish Legal Aid Board helped over 400,000 cases, and paid for the services of solicitors, advocates and solicitor-advocates as well as contributing to legal advice services. Like their English and Welsh counterparts, the Scottish service gives legal advice and representation in most circumstances.

The Scottish Legal Aid Board is split into two divisions, the Civil Legal Assistance area and the Criminal Legal Assistance area. The Civil legal service covers all manner of legal issues from family problems, domestic violence, debts, housing, immigration, employment, benefits, and so forth. In most cases civil legal problems can be solved out of court, and the Scottish Legal Aid Board strives to obtain such a resolution – this means a quicker and often more pleasing solution for the client. The Criminal Legal Assistance division is concerned only with criminal acts and includes representation whilst in police custody and at court appearances.

As with the English and Welsh legal aid system, the Scottish system is run on a financial means basis. If you pass the means test you qualify for legal aid, either in full or partial form. A key point to note is that during civil cases, an opponent of someone gaining or applying for legal aid has the right to object to the help – this means that in some cases you may be stripped of your right to legal aid if the opposing party objects.