LEGAL AID (SCOTLAND) ACT 1986
DETERMINATION BY SECRETARY OF STATE
(a) a person successfully appeals against a decision of a Court in proceedings for contempt of court;
(b) an application by that person for legal aid for the appeal was refused on the grounds that the Scottish Legal Aid Board (“the Board”) was not satisfied that there were substantial grounds for making the appeal or that it was reasonable in the particular circumstances of the case that legal aid should be made available or, as the case may be, that the Board was not satisfied that in all the circumstances of the case it was in the interests of justice that the applicant should receive legal aid; and
(c) the Board is satisfied as to the factors mentioned in paragraph 3 below.
(a) where legal aid was not made available under section 30 of the 1986 Act in connection with the proceedings in respect of which the appeal was made and after consideration of the financial circumstances of the applicant at the time of the initial application for criminal legal aid in connection with the appeal, that the expenses of the appeal could not have been met without undue hardship to the applicant or his dependants; and
(b) that it is reasonable, in the particular circumstances of the case, that payment should be made.
Micheline H Brannan
Scottish Home Department
St Andrew’s House
EDINBURGH EH1 3DE
5th June 1996