Can I Get Legal Aid in Scotland?

Who this guide is for

People in Scotland who want to know if they can get legal aid to pay a solicitor for advice or to represent them. In Scotland legal aid is run by the Scottish Legal Aid Board (SLAB) under the Legal Aid (Scotland) Act 1986. The England and Wales legal aid rules do not apply in Scotland.

What this guide does not cover

• Legal aid in England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
• How your disposable income and capital are worked out, and how much your contribution would be: your solicitor works these out.
• Criminal legal aid for a court case and how it is decided: ask a criminal defence solicitor.
• Legal help for a children's hearing: this has its own scheme, children's legal assistance. Ask a solicitor.
• How much you would pay as a contribution for advice and assistance: your solicitor works this out.
• How to challenge a refusal of legal aid: ask your solicitor.
• How to apply for a protective order: see the domestic abuse court orders guide for Scotland.

At a glance

• Legal aid in Scotland comes in different kinds: advice and assistance, advice by way of representation (ABWOR), civil legal aid for court cases, and criminal legal aid.
• Advice and assistance pays for a solicitor's advice on how Scots law applies to your situation.
• From 6 April 2026 you qualify for advice and assistance on money grounds if your disposable income is £245 a week or less and your disposable capital is £1,716 or less.
• Income Support, income-related Employment and Support Allowance, income-based Jobseeker's Allowance and Universal Credit are passport benefits: they pass the income limit, but not the capital limit.
• There is no money test for a solicitor's advice at a police station when you are in custody or being interviewed.
• You must have a solicitor to apply for legal aid. SLAB only accepts applications made by a solicitor.

What the rules depend on

1. Where is the case? Scotland: this guide. England, Wales or Northern Ireland: see that guide.
2. Do you need advice, or someone to represent you at a court or tribunal? These are different kinds of legal aid.
3. Is it a criminal matter? At a police station there is no money test.
4. Do you get a passport benefit? What are your income and savings, and your partner's?
5. Are you or your partner 60 or over? Part of your savings may not be counted.
6. Is it a children's hearing? That has its own scheme.

The kinds of legal aid

• Advice and assistance: spoken or written advice from a solicitor on how Scots law applies to your situation.
• Advice by way of representation (ABWOR): a kind of advice and assistance that lets a solicitor represent you in civil proceedings in certain courts and tribunals.
• Civil legal aid: a separate scheme for representation in civil court cases. Your solicitor applies to SLAB for it.
• Criminal legal aid: advice and representation in criminal matters.

Advice and assistance: the money test

• Your solicitor tells you whether you qualify for advice and assistance.
• Disposable income limit: £245 a week or less. Income means everything you and your partner received in the seven days up to and including the date you apply.
• Disposable capital limit: £1,716 or less. If it is more, you do not qualify, whatever your income and even if you get a passport benefit.
• Your partner's income and capital are normally included.
• Not counted as capital: the home you live in, your household furniture and clothing, tools and equipment you need for work, and anything that is the subject of the dispute.
• If you or your partner are 60 or over, part of your capital is not counted. How much depends on your weekly disposable income.
• These are the limits in force from 6 April 2026. Criminal advice and assistance uses the same limits.

Civil legal aid for a court case

• Your solicitor applies to SLAB for civil legal aid. SLAB does not accept applications from you directly.
• Civil legal aid has its own income and capital limits, and you may have to pay a contribution. Your solicitor will tell you.
• Expenses (costs) awarded to you in the case are paid to SLAB. Money or property you recover or keep in the case can also be used to pay for your legal aid; this is called clawback. Your solicitor will explain how it works.

Family cases: divorce, separation and children

• Civil legal aid can cover family cases in the sheriff court or Court of Session, such as divorce, separation, and disputes over contact with or residence of children. As well as the money test, SLAB must be satisfied that you have a proper legal basis for the case (called probable cause) and that it is reasonable for you to get legal aid.
• Civil legal aid is not available for a simplified (do-it-yourself) divorce application. Advice and assistance can help with it.
• The cost of your own share of mediation can be paid under advice and assistance or civil legal aid. If you apply for legal aid for a contact case, you must say whether mediation has been considered or tried, unless there are allegations of domestic abuse.
• If you are fleeing, or in, an abusive or controlling relationship and cannot get information or evidence about your money, SLAB can disregard income or capital, or assess you provisionally, where it considers this reasonable. Tell your solicitor.
• If the other person applies for legal aid, SLAB normally tells you, and you can send your views within 14 days. If the person with legal aid wins, you may have to pay their costs as well as your own.

Police stations and criminal cases

• There is no financial test for a solicitor's consultation while you are in police custody or for a solicitor at a police interview (sections 44 and 32 of the Criminal Justice (Scotland) Act 2016).
• Criminal advice and assistance outside the police station uses the same money test as civil advice and assistance.
• For criminal legal aid in a court case, your solicitor will tell you whether you qualify and will apply for you.

How to apply and find a solicitor

• You must have a solicitor to apply for legal aid. The application must come from a solicitor registered to provide legal aid.
• SLAB's Solicitor Finder shows solicitors near you who offer legal aid. The Law Society of Scotland's Find a Solicitor lets you search for solicitors registered to provide legal aid.
• Your solicitor will tell you which documents about your income, savings and case you need to provide.

Deadlines

• This guide gives no time limit for applying for legal aid. Your legal problem may have its own deadline, such as a court or tribunal date: tell your solicitor straight away.

Money figures

• Advice and assistance from 6 April 2026: disposable income £245 a week or less; disposable capital £1,716 or less.
• Civil legal aid: disposable income £26,239 a year or less. You may be refused if your disposable capital is over £13,017 and you can afford to go ahead without legal aid.
• Civil legal aid contribution: you pay one if your disposable income is over £3,521 a year or your disposable capital is over £7,853.
• If you get Universal Credit, Income Support, income-based JSA or income-related ESA, you qualify for civil legal aid on income automatically, but your capital is still checked.

Traps

• The GOV.UK legal aid checker and the Civil Legal Advice phone line are for England and Wales, not Scotland.
• Being on Universal Credit does not help if your disposable capital is over £1,716: you do not qualify for advice and assistance.
• You cannot apply to SLAB yourself: a solicitor must apply for you.
• Advice and assistance is not the same as civil legal aid. Going to court needs civil legal aid, which is a separate application.
• Expenses awarded to you while you have legal aid are paid to SLAB, not to you.