Supporting documentation you should provide in a legal aid application for a criminal appeal

The documentation we require in support of an application for legal aid will depend on whether leave to appeal has to be obtained.

Leave to appeal required

Where leave to appeal is required, there is no need to send us any information or documentation relating to the merits of the appeal.

Leave to appeal not required

In an appeal by the client (other than under section 106(1) or section 175(2) of the Criminal Procedure (Scotland) Act 1995), we must be satisfied that it is in the interests of justice to make legal aid available.

In order to allow us to consider whether it is in the interests of justice to provide a grant to appeal, please provide details of:

  • The grounds of appeal.
  • A copy of any bill of suspension.
  • A copy of the petition to the nobile officium.
  • Opinion from counsel on the prospects of appeal (if available).
  • Any other information you wish us to consider.

Where regulation 15 of the Criminal Legal Aid (Scotland) Regulations 1996 cover has been made available for an Opinion from counsel on the prospects of the appeal, you should include this with your application.

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