Undue hardship test in summary criminal legal aid applications
After consideration of the financial circumstances of your client, we must be satisfied that the expenses of the case cannot be met without undue hardship to your client or their dependants (Section 24(1)(a) of the Legal Aid (Scotland) Act 1986).
In applying this test, we must receive full information about your client’s own financial situation and the case against them.
Unlike advice and assistance, we do not combine your client and their spouse or partner’s finances in the financial assessment. We use the information to share the cost of outgoings where the spouse or partner is in receipt of income above the current limit.