https://www.slab.org.uk/guidance/general-availability-of-criminal-legal-aid-for-appeals-and-status-as-distinct-proceedings/
https://www.slab.org.uk/guidance/general-availability-of-criminal-legal-aid-for-appeals-and-status-as-distinct-proceedings/
You may apply to us for criminal legal aid for an appeal [section 25 of the Legal Aid (Scorland) Act 1986], in connection with:
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 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:
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.
You must send us an application for criminal legal aid for:
The court has no power to grant criminal legal aid for an appeal.