Legal Aid Reform: Consultation

Annex A

How does legal aid work?

Legal aid helps people access legal advice and representation if they cannot afford to pay for it themselves.

In Scotland, legal aid is primarily delivered through a ‘judicare’ model, where individuals approach a solicitor who assesses eligibility and applies to the Scottish Legal Aid Board where appropriate.

There are three main types of assistance:

• Advice and assistance – initial advice and early support to help resolve issues
• Assistance by way of representation – representation in certain proceedings
• Full legal aid – comprehensive funding for court cases, including criminal, civil and children’s cases

Applications are assessed by the Scottish Legal Aid Board who assess:

• financial eligibility (means testing)
• merits of the case

The Scottish Government sets the overall policy and funding for legal aid, while the Scottish Legal Aid Board administers the system and makes independent decisions on individual cases.

How are legal aid services funded?

Legal aid services in Scotland are funded in three main ways:

• Case‑by‑case funding (judicare) This is the main way legal aid is delivered. Private solicitors provide services and are paid for each case they take on. They decide which cases to accept and what areas of law to cover, so availability can vary depending on location, the type of issue, and their choices.
• Grant funding (commissioning) Some funding is provided to organisations through grants to deliver services in priority areas. Budgets are set in advance, and the Scottish Government can direct funding towards particular needs or groups.
• Directly employed solicitors A small number of solicitors are employed directly to provide legal aid services. These services are used in specific areas or to fill gaps in provision and make up a small part of the overall system.