Determination by Scottish Ministers: Denise Clair

Scottish Ministers have made a determination in exercise of the powers conferred by section 4(2)(c) of the Legal Aid (Scotland) Act 1986.

The Scottish Legal Aid Board (SLAB) is the body responsible for administration of legal aid in Scotland including the handling applications for the various ordinary forms of legal aid.

In terms of section 4(2)(c), Scottish Ministers can decide to grant legal aid in circumstances or cases that are not covered by ordinary legal aid where they consider it appropriate to do so.

The determination has effect from 20 February 2025 and directs SLAB to make legal aid available for the limited purpose of applying to the High Court of Justiciary for permission to raise a private prosecution.

The Scottish Ministers’ determination stipulates that the legal aid available under the determination does not require any assessment of financial resources or the payment of any contribution.

Full details are available in the Determination by the Scottish Ministers.