Criminal: Termination of legal aid in contempt cases: application of Regulation 8 and implications

If we have granted legal aid for an appeal arising out of contempt proceedings, regulation 8 of The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 gives us power to end the legal aid, if we are satisfied that your client has:

  • Wilfully failed to comply with the provisions of these regulations
  • Knowingly made a false statement or false representation
  • Conducted themselves in connection with the proceedings in such a way as to make it appear unreasonable to us that they should continue to receive legal aid
  • Wilfully or deliberately given false information for the purpose of misleading us in considering their financial circumstances [section 24 of the Legal Aid (Scotland) Act 1986].

Before we decide to end the legal aid, we must consider any explanation your client offers.

If we end legal aid under this regulation:

  • We have the right to recover from your client the amount paid out of the Fund for the fees and outlays of you and counsel
  • You have the right to receive from them the difference between the amount payable out of the Fund and the full amount that would be payable to you on a solicitor and client basis for fees and outlays
  • We may direct that your client shall cease to be entitled to legal aid in connection with the proceedings
Criminal: Sanction in contempt of court cases

In this section

Legal aid for contempt of court proceedings

Criminal: General scope of legal aid in contempt of court proceedings

Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.

Legal aid for contempt of court proceedings

Criminal: Who can provide legal aid for contempt of court? Legal aid registration requirements

Read about the registration requirements for providing legal aid for contempt of court.

Legal aid for contempt of court proceedings

Criminal: Availability of legal aid for contempt of court proceedings

Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.

Legal aid for contempt of court proceedings

Criminal: Contempt proceedings at first instance: power of the court to assign you or counsel

Find out about the power of the court to assign you or counsel in contempt proceedings and when and how this may be used.

Legal aid for contempt of court proceedings

Criminal: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria

Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.

Legal aid for contempt of court proceedings

Criminal: Legal aid in contempt appeals: applications to us and tests applied

Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.

Legal aid for contempt of court proceedings

Criminal: Contempt of court: refusals of legal aid

Read about arrangements for reviewing our decision to refuse legal aid for contempt of court proceedings and the implications of a successful appeal.

Legal aid for contempt of court proceedings

Criminal: Sanction in contempt of court cases

Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.