Circumstances in summary custody cases when only the court duty solicitor may give legal aid

Only the court duty solicitor can provide criminal legal aid under section 22(1)(C) of the Legal Aid (Scotland) Act 1986 when the client is:

  • Dealt with under summary procedure
  • Either in custody or subject to an undertaking to appear following police liberation

The client cannot obtain automatic legal aid from you as their nominated solicitor.  Where they choose not to use the duty solicitor, they may be entitled to your services but only for:

  • Advice and assistance
  • ABWOR, if you meet the criteria to become the “appointed solicitor”

The exceptions are where the client is appearing before two special courts:

  • The Glasgow drug court
  • The Glasgow domestic abuse court
Continuity of representation outwith your period of court duty
Criminal court duty plans, eligibility criteria and consultation with local faculties

In this section

Court duty solicitor arrangements

Our obligation to make a court duty solicitor available

Read information about our court duty solicitor arrangements.

Court duty solicitor arrangements

Identification parades and purposes for which a court duty solicitor must be available in solemn and summary procedures

Find out what the obligations are for duty solicitors to attend identification parades and those prosecuted under solemn or summary procedure.

Court duty solicitor arrangements

Continuity of representation outwith your period of court duty

Find out why it can sometimes be beneficial for you to continue to act outwith their period of court duty.

Court duty solicitor arrangements

Criminal court duty plans, eligibility criteria and consultation with local faculties

Find out what the court duty plans cover, their eligibility criteria and how we consult on them.

Court duty solicitor arrangements

Delegating or exchanging court duty work

Learn about how court duty solicitors delegate attendances to other solicitors.

Court duty solicitor arrangements

Solicitors’ fees for Identification Parades, Judicial Examinations and Duty Scheme

Learn about the payment arrangements if you are acting as the court duty solicitor.

Court duty solicitor arrangements

Appointed solicitors, duty solicitor/half fee, prevaricating witness

Learn about arrangements for appointed solicitors, duty solicitor/half fee, prevaricating witness

Court duty solicitor arrangements

Responsibilities and obligations of the court duty solicitor and the relationship with the nominated solicitor

Read about the responsibilities of the court duty solicitor and how you should assist a prospective nominated solicitor.

Court duty solicitor arrangements

Advice and assistance when acting as court duty solicitor

Find out if advice and assistance be provided as well as a court duty claim.