We must also be satisfied [regulation 10 of the Criminal Legal Aid (Scotland) Regulations 1996] that your client does not have available to them:
It is important that you always discuss this possibility with your client before applying for legal aid.
If we are not satisfied on these matters, we must refuse legal aid unless there is a special reason not to. If we are prepared to make legal aid available regardless of this support, the client must give us a written undertaking to pay us any sum received from the body of which they are a member.
We would, for example, expect to be satisfied in a Road Traffic Act case that the client does not have a right to assistance: