Solicitors and Legal Aid in Scotland: 12 questions answered
Legal advice at a police station in Scotland is free for everyone, through your own solicitor or the Solicitor Contact Line. If your case goes to court, a duty solicitor can help at first, and the Scottish Legal Aid Board decides applications for criminal legal aid.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
Is legal advice at a police station free in Scotland?
Yes. Advice from a solicitor while you are in police custody in Scotland is free, whatever your income or savings. You have a legal right to a private consultation with a solicitor at any time, by phone or in person, and to have a solicitor present during a police interview. You can name your own solicitor or ask for the duty solicitor. Solicitors who give this advice are independent of the police, and asking for one does not make it look as if you have done something wrong.
What is the Solicitor Contact Line?
The Solicitor Contact Line is a service run by the Scottish Legal Aid Board (SLAB) that police use to arrange legal advice for people held in police custody. It operates 24 hours a day. When you ask for a solicitor, police contact the line, which passes the request to your own solicitor if you name one, or otherwise to a duty solicitor. SLAB's team of publicly funded criminal defence lawyers can give advice by phone or attend in person. You do not have to pay for this advice.
Can I choose my own solicitor in Scotland?
Yes. You can ask for any solicitor you want, both at the police station and for your court case. If you want your case paid for by criminal legal aid, the solicitor or firm must be registered with the Scottish Legal Aid Board to provide criminal legal assistance. If you do not have a solicitor, you can use the duty solicitor. You can search for criminal defence solicitors using SLAB's Find a Solicitor tool or the Law Society of Scotland's Find a Solicitor service.
What is criminal advice and assistance in Scotland?
Criminal advice and assistance is a type of legal aid that pays for a solicitor to give you advice and do preparatory work on a criminal matter, such as when you are under investigation, receive a letter from the Procurator Fiscal or are considering a fiscal fine. It does not usually cover representing you in court. Your solicitor assesses your eligibility on your disposable income and capital, taking account of a partner's resources, and you may have to pay a contribution. Certain benefits can mean you automatically qualify on income.
Will I have a solicitor at my first court appearance in Scotland?
Yes, if you want one. If you appear from police custody, or after being released on an undertaking, a duty solicitor is available at court and automatic legal aid covers the early stages. In summary cases this normally lasts until you plead not guilty, or until sentence if you plead guilty. In solemn cases it lasts until you are granted bail or fully committed, or the Scottish Legal Aid Board decides a legal aid application. You can instead ask for your own solicitor to act for you.
How do I get legal aid for a summary criminal case in Scotland?
After you plead not guilty, your solicitor applies to the Scottish Legal Aid Board (SLAB) for summary criminal legal aid, normally within 14 days of the plea. SLAB must be satisfied that paying for the case yourself would cause undue hardship to you or your dependants and that granting legal aid is in the interests of justice. For sheriff court cases SLAB treats the interests of justice test as met. In the justice of the peace court it looks at factors such as a real risk of losing your liberty or job.
How does legal aid work in solemn cases in Scotland?
Solemn cases are the most serious cases, heard before a jury in the sheriff court or High Court. Automatic legal aid covers the early stages after you first appear on petition. Your solicitor then applies to the Scottish Legal Aid Board, which decides the application. The test is financial: SLAB must be satisfied that you cannot meet the expenses of the case without undue hardship to you or your dependants. There is no separate interests of justice test at this stage. If refused, you can ask SLAB to review its decision.
What can I do if my criminal legal aid is refused in Scotland?
You can ask the Scottish Legal Aid Board to review a refusal, and your solicitor can help present further information, for example about your finances or why representation is needed. In summary cases, if legal aid has been refused on interests of justice grounds, the court can adjourn the trial so you can apply again, where there are exceptional circumstances making it unfair to go ahead without a solicitor. You can also pay a solicitor privately. A solicitor can explain what options fit your situation.
Can I represent myself in a criminal case in Scotland?
Usually yes, but there are important exceptions. You are not allowed to conduct your own defence at hearings where witnesses give evidence in cases involving certain sexual offences (section 288C of the Criminal Procedure (Scotland) Act 1995), domestic abuse offences (section 288DC), or some cases where a child witness under 12 gives evidence (section 288E). In these cases police or the court must tell you that you need a solicitor, and if you do not appoint one the court will appoint a solicitor for you.
What does a duty solicitor at court do in Scotland?
A court duty solicitor is a local solicitor on a rota arranged by the Scottish Legal Aid Board to represent people appearing from custody, or answering an undertaking, who do not have their own solicitor. They can advise you about the charges, enter a plea, apply for bail, and act for you through sentencing if you plead guilty. Their help is free. In summary cases their role normally ends once you plead not guilty, and you then need a solicitor to apply for legal aid for the rest of the case.
How do I find a criminal defence solicitor in Scotland?
You can use the Scottish Legal Aid Board's Find a Solicitor search, which shows firms registered to provide criminal legal aid, or the Law Society of Scotland's Find a Solicitor service. Look for a firm that regularly handles criminal defence work in the court dealing with your case. If you are in police custody, you can simply ask police to contact the solicitor you choose, or use the duty solicitor. Initial advice on legal aid eligibility is usually available when you first contact a firm.
Can I change my solicitor or complain about one in Scotland?
You can change solicitor, although if your case is funded by legal aid the new solicitor will usually need to arrange the transfer with the Scottish Legal Aid Board, and late changes may be questioned. If you are unhappy with the service you received, raise it with the firm first, as every firm should have a complaints procedure. If that does not resolve matters, complaints about Scottish solicitors can be taken to the Scottish Legal Complaints Commission, which deals with service and conduct complaints.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Solicitor Contact Line (Scottish Legal Aid Board)
- Legal advice at a police station (mygov.scot)
- Statutory criteria for a grant of criminal legal aid in summary proceedings (SLAB)
- Availability of legal aid in solemn criminal proceedings (SLAB)
- Criminal Procedure (Scotland) Act 1995, section 288C
- Find a solicitor (Scottish Legal Aid Board)
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