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Legal Aid (Scotland) Act 1986
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- UK Public General Acts
- 1986 c. 47
- Part IV
- Section 23
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Changes to legislation:
Legal Aid (Scotland) Act 1986, Section 23 is up to date with all changes known to be in force on or before 07 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 23:
- s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
- s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
- s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
- s. 9A 9B inserted by 2013 asp 3 s. 18(2)
- s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
- s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
- s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
- s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
- s. 25AC 25AD inserted by 2013 asp 3 s. 20
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
- s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
- s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
- s. 9A 9B inserted by 2013 asp 3 s. 18(2)
- s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
- s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
- s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
- s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
- s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
- s. 25AC 25AD inserted by 2013 asp 3 s. 20
23 Power of the court to grant legal aid.S
(1)Criminal legal aid shall be available on an application made to the court—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)where a person who has not previously been sentenced to imprisonment or detention has been convicted in summary proceedings, and the court is considering a sentence of imprisonment or detention or the imposition of imprisonment under section 396(2) of the M1Criminal Procedure (Scotland) Act 1975 (failure to pay a fine when no time for payment is allowed),
if the court is satisfied after consideration of the person’s financial circumstances that the expenses of the case cannot be met without undue hardship to him or his dependants.
(2)In subsection (1) above, “the court” means—
(a)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in relation to summary proceedings, the court before which the proceedings are being taken,
and references in that subsection to detention shall be construed in accordance with [F3section 204(4)(b) of the Criminal Procedure (Scotland) Act 1995].
Textual Amendments
F1S. 23(1)(a) repealed (25.11.2010) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 64(3)(a), 82(2) (with s. 77); S.S.I. 2010/376, art 2
F2S. 23(2)(a) repealed (25.11.2010) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 64(3)(b), 82(2), (with s. 77); S.S.I. 2010/376, art 2
F3Words in s. 23(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 63(4)
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