You may apply to us for criminal legal aid for an appeal [section 25 of the Legal Aid (Scorland) Act 1986], in connection with:
An appeal against conviction, sentence, other disposal or acquittal in criminal proceedings to the High Court of Justiciary or Sheriff Appeal Court (other than an appeal under sections 62 or 63 of the Criminal Procedure (Scotland) Act 1995, in a case involving insanity, where criminal legal aid is automatically available).
A petition to the nobile officium of the High Court of Justiciary (whether arising in the course of any proceedings or otherwise)
A reference by the Scottish Criminal Cases Review Commission [section 194B of the 1995 Act]
Any reference, appeal or application for special permission to appeal to the UK Supreme Court
Legal aid is available in connection with any reference, appeal or application for special permission to appeal to the UK Supreme Court. Section 288ZB of the Criminal Procedure (Scotland) Act 1995 provides that any court consisting of two or more judges of the High Court of Justiciary may in certain circumstances refer a compatibility issue which arises in proceedings before it to the UK Supreme Court. An appeal against a determination of a compatibility issue by a similarly constituted court shall lie to the UK Supreme Court with leave of the court concerned or with special leave from the UK Supreme Court [section 288AA of the 1995 Act].
Appellate proceedings: “distinct proceedings” and fresh applications
Appellate proceedings are “distinct proceedings” for the purposes of legal aid [regulation 4 of the Criminal Legal Aid (Scotland) Regulations 1996]. You must make a fresh application for criminal legal aid for an appeal.
This does not apply to:
Appeals in relation to decisions on competency or relevancy.
Appeals in bar of trial.
Any appeal in connection with an incidental matter.
The appeals listed above are not treated as distinct proceedings, as they do not constitute an appeal against a final court decision such as: conviction, sentence, other disposal or acquittal. Your client does not need our approval to proceed, and all fees and outlays will be covered by the original grant of legal aid.
Legal aid for appeals: court has no power to grant
You must send us an application for criminal legal aid for:
An appeal against conviction, sentence, other disposal or acquittal
An application to the nobile officium or in connection with a reference by the Scottish Criminal Cases Review Commission
The court has no power to grant criminal legal aid for an appeal.