Legal Aid for bail undertaking in Scotland FAQ

Legal Aid in Scotland

If you have been released by the police on undertaking, it is vital you attend court on the due date. Your bail undertaking indicates the date of your court appearance and it’s imperative you seek legal advice at the earliest opportunity. You will need to decide whether you will plead guilty or not guilty at your Bail Undertaking Hearing and your solicitor will be able to offer the best guidance.

Matthew Berlow at Graham Walker Solicitors provide a 24-hour advice line and you can speak direct with a member of our legal team to discuss your bail undertaking and ask for a solicitor to represent you at your hearing.

Legal Aid is often available for clients attending Bail Undertaking Hearings and some of the questions we’re most frequently asked are highlighted below:


Q What if I plead guilty to the charge?

As already noted above, legal aid is different if you plead guilty. Your solicitor will be able to advise you further.

Q What if the case goes to trial?

All circumstances are different, so if your case goes on to a full trial your solicitor will advise you further and any entitlement to legal aid will be based on your current financial situation.

Q What if my case is classed as a serious matter?

It is possible you could still qualify for legal aid if your case is classed as a solemn matter by the courts. Any available assets will also be considered within your legal aid application.

Q What are capital limits for legal aid?

In January 2019, the savings capital limit was pegged at £1,716. If you are facing a summary case which will be heard in a magistrates court, the savings capital is also £1,716. Capital limits for summary cases or solemn cases to be heard at the Sheriff Court or High Court have far higher capital limits and this makes it much easier to claim Legal Aid.

Q What if my case is too expensive for me?

If you cannot afford to pay to put some aspects of your case together, such as for medical or expert reports, then an application for Legal Aid can be put in place.

Q Where is the official Legal Aid online calculator?

This can be found at: https://www.slab.org.uk/public/advice/index.html

Q What benefits give me automatic entitlement to Legal Aid?

If you or your partner are claiming income support, income-related employment and support allowance or income-based jobseeker’s allowance, you will automatically qualify for Legal Aid in Scotland.

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