Automatic criminal legal aid is available where, on an appeal against conviction, the High Court sets the conviction aside and grants authority for a new prosecution in which the accused may be charged with the same or similar offence arising out of the same facts.

Automatic legal aid is available from the date of the decision of the Appeal Court to grant authority for a new prosecution until the service of a fresh indictment or complaint [section 22(1)(e) of The Legal Aid (Scotland) Act 1986].

Once a new indictment or complaint has been issued, an application for solemn or summary legal aid for the new trial should be submitted in the usual way by Legal Aid Online.

Payment can be applied for under the new grant of solemn or summary criminal legal aid.

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